Support Material
for
Legal Studies
Stage 6 Syllabus
2010
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Contents
1 Structure and content of the Legal Studies syllabus ................................................. 4
Structure of the Preliminary course ................................................................................... 8
Structure of the HSC course .............................................................................................. 9
Assessment ...................................................................................................................... 9
2 Programming .............................................................................................................. 10
The programming model ................................................................................................. 10
Sample Preliminary course Scope and Sequence ............................................................ 12
Sample HSC course Scope and Sequence ....................................................................... 13
3 Sample Preliminary course program ....................................................................... 14
Part I: The legal system ................................................................................................... 14
Part II: The individual and the law .................................................................................. 30
Part III: Law in practice. ................................................................................................. 38
The research and investigation process ........................................................................... 42
Analysing a website ........................................................................................................ 44
4 Sample Preliminary course assessment tasks .......................................................... 46
Task 1: Law reform webquest ......................................................................................... 47
Task 2: Law in practice: Investigation ............................................................................ 52
5 Sample HSC course program .................................................................................... 54
Part I of the core: Crime .................................................................................................. 54
Part II of the core: Human rights ..................................................................................... 68
Option 1: Consumers ....................................................................................................... 73
Option 2: Global environmental protection .................................................................... 81
Option 3: Family ............................................................................................................. 86
Option 4: Indigenous Peoples ......................................................................................... 93
Option 5: Shelter ............................................................................................................. 98
Option 6: Workplace ..................................................................................................... 106
Option 7: World order ................................................................................................... 115
6 Sample HSC course assessment tasks..................................................................... 122
Task 1: Human rights .................................................................................................... 122
Task 2: Crime ................................................................................................................ 125
Legal Studies Stage 6 – Support Material
1
Structure and content of the Legal Studies syllabus
The Legal Studies Stage 6 Syllabus (2009) is a revision of, and replaces, the Legal Studies Stage
6 Syllabus (1999). It will be implemented for Year 11 students in 2010 and will be first
examined in the HSC in 2011.
The syllabus has been improved in the following ways:
 It has fewer and clearer outcomes and they are organised in relation to objectives.
 There is a simpler, more accessible content framework in which the relevant themes are
integrated.
 It provides enhanced opportunities for students to explore contemporary legal issues.
 The content in each section of the syllabus has been reviewed to ensure greater coherence
and engagement for students.
 Overlap between the Preliminary and HSC courses has been removed.
What is similar?

Much of the content in the Legal Studies Stage 6 Syllabus (2009) builds on the 1999 syllabus.
Learn about statements continue to describe the scope and depth of course content and
outcomes.

Part I The Legal System continues to examine basic legal concepts, sources of law, the
constitution and the operation of the legal system.

Part II The Individual and the Law covers similar content as the previous topic The
Individual and the State, including rights and responsibilities and resolving disputes.

Part III Law in Practice still provides opportunities for students to undertake case studies to
further understanding of principles of law covered in Parts I and II.

In the HSC course, students will continue to study the core topics Crime and Human Rights,
and two Optional Studies. Crime and Human Rights have been strengthened, making up 50%
of the HSC course total. The content is more clearly outlined and any major overlap with the
Preliminary course has been removed.

Current programs may be modified to meet the requirements of the new syllabus and many
existing units of work can form the basis of effective programs. Many existing resources will
continue to be relevant.
4
Legal Studies Stage 6 – Support Material
What is different?
Course structure

Themes and Challenges replace Themes and Key Questions/Issues, ensuring a simpler
overview. Themes and Challenges relate directly to each content area and are designed to be
integrated into each topic.

Learn about and learn to statements have been incorporated into each topic to further clarify
content, depth of knowledge required, relevant skills and learning outcomes. Previously there
were no learn to statements in the syllabus. The structure of the Preliminary course has been
simplified to ensure there is no repetition of content with HSC material and to ensure that
topics are more relevant and engaging for students.
The Preliminary course:
 Part I The Legal System now includes a more detailed examination of law reform and law
reform in action. A law reform issue that is contemporary, relevant and engaging for students
is now to be studied.

Part II the Individual and the Law has replaced The Individual and the State. This includes a
new sub-topic The Individual and Technology which considers legal implications of the use
of technology and its impact on the individual.

Part III the Law in Practice replaces The Law in Focus with enhanced opportunities to
investigate a wider choice of topics that deepen understanding of the principles covered in
Parts I and II. Students will have opportunities to develop the skills in research, analysis and
communication that underpin the process of investigation. Law in Practice may be taught as
a stand-alone topic or may be integrated with Parts 1 and 2, allowing greater flexibility for
teachers.
The HSC course:
 Parts I and II represent a strengthening of the Core topics Crime and Human Rights. Crime
has been increased to a weighting of 30% and includes a section on young offenders and law
reform in more depth. Human Rights allows the opportunity to study a choice of
contemporary issues.

The Law and Justice section has been removed.

The Part III option Technological Change has been removed.
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Legal Studies Stage 6 – Support Material
Outcomes
The revised syllabus continues to place emphasis on what students know and can do as a result
of studying Legal Studies. The learning outcomes continue to be differentiated between
Preliminary and HSC courses and cater for the full range of students.
In the syllabus the outcomes have been reduced in number and are:
 clearer and more accessible for students and teachers
 organised in relation to the objectives
 differentiated between the Preliminary and HSC courses
 linked explicitly to the syllabus content
 suitable for the full range of students.
Content
Content has been written in clearer and simpler language. The layout of each topic is more
straightforward. Significant overlap of content between the Preliminary and HSC courses has
been removed. Opportunities to investigate relevant and engaging legal issues and to develop
research skills have been included. A more logical sequence of content has been adopted across
all topic areas.
Assessment
There are changes in the internal assessment advice to simplify and improve assessment
requirements and allow for greater flexibility for teachers. Teachers may use their discretion in
determining the manner in which they allocate tasks within course content. The Board of Studies
considers that three to five assessment tasks are sufficient.
The mandatory oral task required in the previous assessment components has been removed.
The structure of the examination has changed.
Sections I and II form the Core, examining both Crime and Human Rights.
Section III examines the seven Options.
A specimen paper package will be available on the Board’s website at
http://www.boardofstudies.nsw.edu.au/syllabus_hsc/legal-studies.html
The State Library’s Legal Information Access Centre (LIAC) offers resources specifically
written for the HSC Legal Studies syllabus. These may be accessed on:
www.legalanswers.sl.nsw.gov.au/students_teachers – HSC Legal Studies.
6
Legal Studies Stage 6 – Support Material
Features of the Content pages
The principal focus
provides the broad
overview of the topic
Option 3: Family
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the legal nature of
family relationships and the effectiveness of the law in achieving justice.
Themes and challenges to be incorporated throughout this topic:
Themes and
challenges
emphasise
key aspects
of the topic
to be
integrated in
the content.
Learn about
statements
detail the
subject
matter to be
studied. All
content in
this section
is to be
studied.





the role of the law in encouraging cooperation and resolving conflict in regard to family
issues of compliance and non-compliance
changes to family law as a response to changing values of the community
role of law reform in achieving just outcomes for family members and society
effectiveness of legal and non-legal responses in achieving just outcomes for family
members.
Students learn about:
Students learn to:
1.




 discuss the difficulty of defining
family and the changing concepts of
family
 distinguish between state and federal
jurisdiction in family law
 outline the legal requirements of a
valid marriage
 explain the legal rights and obligations
of parents and children, including
those derived from international law
Nature of Family Law
concept of family law
legal requirements of marriage
alternative family relationships
legal rights and obligations of
parents and children
 adoption
Learn to
statements
describe what
students learn
to do as a
result of
engaging with
the subject
matter.
In designing teaching and learning programs, teachers should consider integrating the principal
focus, themes and challenges, learn about and learn to statements, together with the relevant
course outcomes.
7
Legal Studies Stage 6 – Support Material
Structure of the Preliminary course
The Preliminary course in Legal Studies is organised into three parts:
 Part I – The Legal System (40% of course time)
 Part II – The Individual and the Law (30% of course time)
 Part III – Law in Practice (30% of course time).
Part I – The legal system
Students undertake all sections of Part I but have a choice of a contemporary law reform issue in
section 5, Law reform in action.
Part II – The individual and the law
Students undertake all sections but have a choice of a contemporary issue in section 3, The
individual and technology.
Part III – Law in practice
Part III of the Preliminary course is designed to provide opportunities for students to deepen their
understanding of the principles of law covered in Parts I and II. Students will develop the skills
in research, analysis and communication that underpin the process of investigation.
Part III can be treated as a separate unit or integrated with Part I and/or Part II. At least TWO
contemporary issues should be studied. Students should be provided with opportunities to
synthesise information from a range of sources (including cases, legislation, media and
international instruments) to support a legal argument. Topics should extend particular areas of
individual or group interests.
In the selection of a contemporary issue teachers need to consider:
 how it may be of particular relevance or interest to students
 the extent to which it enables a deeper understanding of the legal system and law in practice
as reflected in the aims and objectives of the syllabus
 how it meets the syllabus requirements of the Preliminary course
 the extent to which it may provide a foundation for the HSC course.
While teachers have the flexibility to determine the depth and breadth of study of the
contemporary issues and to select appropriate content to address the learn about and learn to
statements, teachers must ensure there is no overlap or significant duplication with the HSC
course.
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Legal Studies Stage 6 – Support Material
Structure of the HSC course
The HSC course in Legal Studies is organised into three parts:
 Core Part I – Crime (30% of course time)
 Core Part II – Human Rights (20% of course time)
 Part III – Options (two options, each of which accounts for 25% of course time)
Part I – Crime
Students undertake all sections of Part I Crime.
Part II – Human Rights
Students undertake all sections of Part II – Human Rights and have a choice of a contemporary
issue which illustrates the promotion and/or enforcement of human rights.
Part III – Options
Students must study TWO of the seven options. Students undertake all sections of each Option.
Assessment
Assessment components and weightings
The suggested components and weightings for the Preliminary course are set out below. There
should be a balance between the assessment of knowledge and understanding outcomes, skills
outcomes and course content.
Component
Knowledge and understanding of course content
Research
Communication
Weighting
60%
20%
20%
HSC course
The mandatory components and weightings for the HSC course are set out below. The internal
assessment mark for Legal Studies Stage 6 is to be based on the HSC course only. There must be
a balance between the assessment of knowledge and understanding outcomes, skills outcomes
and course content.
Component
Knowledge and understanding of course content
Research
Communication
Weighting
60%
20%
20%
Teachers may use their discretion in determining the manner in which they allocate tasks
within the course content. The Board of Studies considers that three to five assessment
tasks are sufficient.
9
Legal Studies Stage 6 – Support Material
2
Programming
The programming model
The sample material in this document is provided to illustrate an approach to programming using
syllabus outcomes.
The outcomes in the Legal Studies Stage 6 Syllabus are designed to:
 provide clear expectations of what students know and can do by the end of each of the
Preliminary and HSC courses
 identify the progress expected of students from the Preliminary to the HSC course
 assist in the development of teaching and learning programs.
In programming the course, planning units of work and developing an assessment program, it is
important that teachers ensure that the outcomes are addressed. The following pages provide an
example of an approach that teachers might find useful when developing teaching and learning
and assessment programs that address the outcomes.
The Scope and Sequences for both the Preliminary and HSC courses (pages 12 and 13) reflect
the total planning for the course. The Scope and Sequence allows teachers to plan:



the outcomes to be addressed in each section of the course. This will enable teachers to
determine at which stages of the course particular outcomes will be developed or reinforced
the programs to be taught and the time allocated to each topic
the relationship of the assessment program to the teaching and learning programs.
In developing the Scope and Sequence the following steps were used:
Step 1: Determine syllabus requirements, topics and time allocation
Step 2: Identify targeted outcomes for each topic
It is important to note that outcomes for Legal Studies relate to the whole course and are not
linked to particular topics. In designing teaching and learning programs teachers should be clear
about where and when the outcomes are explicitly taught during the course. The Scope and
Sequences on pages 12 and 13 demonstrate this process by using selected topic areas to target
particular outcomes. This is not to suggest that other outcomes are not being addressed through
the topic. However, it is the targeted outcomes that provide the focus for the teaching and
learning activities.
It should be noted that the selection of targeted outcomes for each topic is provided as an
example only. Teachers will devise programs to meet the needs of their students. The
sample is offered as a template that teachers may find useful for planning their own programs.
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Legal Studies Stage 6 – Support Material
Step 3: Link the targeted outcomes and the assessment program
Placing assessment tasks within the Scope and Sequence enables clear links to be made to the
related topics and indicates timing throughout the year.
Teachers should note the following features of an assessment program:
 Assessment of learning outcomes is an integral part of the teaching and learning process.
 Assessment of targeted outcomes occurs after they are addressed through teaching and
learning strategies.
 Outcomes do not need to be assessed every time they are targeted for teaching and learning.
 Well-designed assessment tasks can effectively assess more than one outcome.
 All outcomes (excluding those explicitly addressing values and attitudes) need to be assessed
as part of the assessment program.
 Assessment tasks need to be appropriate for the learning outcomes to which they are related
(for example, an examination/test item may not be a valid instrument for assessing outcomes
related to historical investigation).
11
Legal Studies Stage 6 – Support Material
Sample Preliminary course Scope and Sequence
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Week 8
Week 9
Week 10
Part I: The legal system – 12 weeks. Outcomes: P1, P2, P3, P4, P5, P6, P7.
Term1
Basic legal concepts
Sources of contemporary Australian law
Classification of law
Law reform and
Law reform in action
Assessment task 1 – 20%
Part II: The individual and the law – 9 weeks. Outcomes: P1, P3, P5, P6, P7.
Term 2
Law reform and
Law reform in action
Your rights and
responsibilities
Resolving disputes
Contemporary issue: The individual
and technology
*Assessment task 2 –
exam 20%
Part III: Law in practice – 9 weeks. Outcomes: P1, P4, P5, P6, P7, P8, P9, P10.
Term 3
Contemp.
Issue
(cont.)
Examine at least TWO contemporary issues that involve an Australian/s in either a domestic or another jurisdiction.
Assessment task 4 – exam 30%
*Assessment task 3–30%
*NOTE: This Scope and Sequence treats Law in practice as a separate topic, but it may be integrated throughout the course. Timing for assessment tasks is a suggestion only.
Outcomes P8, P9 and P10 may be introduced according to the individual school program.
12
Legal Studies Stage 6 – Support Material
Sample HSC course Scope and Sequence
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Week 8
Part I of the core: Crime – 10 weeks. Outcomes: H1, H2, H3, H4, H5, H6, H7.
The nature of crime
The criminal
The criminal trial
investigation process
process
Term 4
Week 9
Week 10
Sentencing and
punishment
* Assessment task 1 –
20%
Term 1
Young
offenders
Term 2
International
crime
Part II of the core: Human rights – 6 weeks. Outcomes: H1, H2, H3, H4, H5, H6, H7.
The nature and
Promoting and
Investigation of a
EXAMINATION PERIOD
development of
enforcing human
contemporary issue
human rights
rights
* Assessment task 2 –
30%
Part III: Options – Option 1 Family – 8 weeks. Outcomes: H1, H2, H3, H5, H6, H7.
The nature of family law
Responses to problems in family
relationships
Contemporary issues concerning family
law
Option 2 Shelter –
8 weeks
The nature of shelter
* Assessment task 3 – 20%
Term 3
(Shelter continued…)
Legal protection and remedies associated
with securing shelter
TRIAL EXAMINATION
PERIOD
Contemporary issues concerning shelter
REVISION
* Assessment task 4 –
30%
*NOTE: This Scope and Sequence is a suggestion only; options can be replaced to suit individual schools. Timing for assessment tasks is a suggestion only.
Outcomes H8, H9 and H10 may be integrated throughout according to the individual school program.
13
Legal Studies Stage 6 – Support Material
3
Sample Preliminary course program
Part I: The legal system
40% of course time
Principal focus: Students develop an understanding of the nature and functions of law through the examination of the law-making processes and
institutions.
Outcomes
P1. identifies and applies legal concepts and terminology
P2. describes the key features of Australian and international law
P3. describes the operation of domestic and international legal systems
P6. explains the nature of the interrelationship between the legal system and society
P7. evaluates the effectiveness of the law in achieving justice
Themes and challenges to be incorporated throughout the topic
 the need for law in the operation of society
 the importance of the rule of law for society
 the relationship between different legal institutions and jurisdictions
 the development of law as a reflection of society
 influences on the Australian legal system
Assessment task: Law reform webquest.
14
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Note: students are encouraged to read newspapers, collect articles for a
media file and watch local and international news programs to assist
with their understanding of legal studies. A school library visit should
be organised in the first couple of weeks so that students are familiar
with journals such as Hot Topics and Legal Briefs and other resources,
including online ones such as the NSW State Library’s Legal
Information Access Centre (LIAC). Hot Topics is a plain language
series about recent changes and current debates in the law.
www.legalanswers.sl.nsw.gov.au/students_teachers/
1. Basic legal concepts
 meaning of law
 define law
Define law.
Brainstorm: Is law necessary for society to operate effectively?
Discuss examples of societies where law has broken down. Do they
have characteristics in common?
 the need for law in the
operation of society
 customs, rules and law
 distinguish
between customs,
rules, laws, values
and ethics
Define customs.
Define rules.
Discussion: Where do rules and laws come from and why does society
follow them? Use specific examples, eg sport/school rules, to compare
and contrast concepts.
Activity: Use media articles to illustrate breach of custom, rules and
law.
 influences on the
Australian legal system
 values and ethics
 characteristics of just
laws
Define values, using examples.
Discussion: What do students value as important and how does this
influence behaviour? Discuss common values of society. Define ethics,
using examples.
 describe the
characteristics of
just laws
Activity: Brainstorm characteristics of a just law. Examine a
hypothetical law (eg a curfew of 8 pm for all under-18s). Students
outline why it would not be a ‘just’ law.
15
 the development of law
as a reflection of
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 nature of justice
– equality
 describe the nature
of justice
Define equality.
Discuss discrimination, eg racial, gender, age. Use a variety of cases,
examples or other relevant legislation to illustrate discrimination.
 influences on the
Australian legal system
Role-play activity: In pairs, students prepare and perform an example
of direct or indirect discrimination, showing an understanding of each.
Allow only one minute for each demonstration. Construct a table of
examples.
– fairness
Define fairness.
Present examples to the class that demonstrate where the same
outcome (eg punishment) may not be fair, eg for self-defence and
intentional murder; when the offender is very young (doli incompax).
Discuss the subjective nature of fairness.
Webquest: Corey Davis case study, R v LMW (unreported, Supreme
Court of NSW, Studdert J, December 1999). Complete a brief
overview of the case. In small groups students devise a fair and just
outcome for:
– the offender
– the victim’s family
– society.
– access
Define access.
Discuss the importance of access to the law and limitations to access.
Examine the role of legal aid and other remedies to improve access
such as translators, self-help and education guides.
Students investigate the range of services available on the LIAC (Legal
Information Access Centre) – NSW State Library website.
www.legalanswers.sl.nsw.gov.au/students_teachers
Quick quiz: Students match definitions and terms to review learning
and understanding.
16
 the development of law
as a reflection of
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 procedural fairness
(principles of natural
justice)
 define and
investigate
procedural fairness
and the rule of law
Define procedural fairness.
Discuss procedural fairness in some situations, eg in school; going for
a job; in a court.
 the importance of the
rule of law for society
Case law: David Hicks (this could be integrated with Part III).
Written activity: ‘Using examples, discuss the importance of
procedural fairness and its relationship to justice’. Teacher to model a
scaffold and students to complete an extended response.
 rule of law
 anarchy
 define anarchy and
tyranny
 tyranny
Define rule of law including its characteristics.
Study recent examples of the breakdown of the rule of law (eg New
Orleans after Hurricane Katrina).
Written response: Using examples, explain why the rule of law is
important for society.
 the importance of the
rule of law for society
Define anarchy. Discuss the historical background of anarchy and
outline recent examples.
 the need for law in the
operation of society
Define tyranny. Discuss recent examples (eg Zimbabwe and the
absence of free elections).
Topic quiz in class – multiple-choice and/or true–false questions to
assess students’ ability to identify and apply legal terms and concepts.
2. Sources of
contemporary
Australian law
common law
 British origins,
including:
– development of
 outline the origin
of common law
Define common law.
Brief historical overview of the origins of common law.
Define precedent and how it operates.
Discussion: Why is precedent so important for achieving justice?
17
 influences on the
Australian legal system
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
common law
– equity, precedent
– adversarial system of
trial
 court hierarchy:
– jurisdiction of state
and federal courts
Suggested teaching and learning strategies
Themes and challenges
Define adversarial system.
 examine the
hierarchy and
jurisdiction of state
and federal courts
Using websites such as www.lawlink.nsw.gov.au and
www.fedcourt.gov.au/students/videos.html, label a diagram of court
hierarchy and outline the jurisdiction of NSW and federal courts.
 the relationship
between different legal
institutions and
jurisdictions
Activity: Students view the DVD So Help Me God, and an episode of
A Case for the Coroner to view the workings and jurisdiction of real
courts.
Brainstorm/mind map: Why do we have a court hierarchy?
Resources: www.lawlink.nsw.gov.au
www.schools.nsw.edu.au/nswconstitution/html/5th/bgr/ov
erview.html
www.nswbar.asn.au/docs/resources/publications/court_str
ucture2.pdf
Hot Topics, No. 60, The Australian Legal System, 2007.
Hot Topics, No. 71, Courts, 2009.
The Law Handbook, Redfern Legal Centre Publishing.
A Case for the Coroner, ABC series/DVD.
So Help Me God, ABC DVD.
Activity: Students collect articles showing the types of cases heard in
different courts, from newspapers and/or the internet and provide a
brief outline of the cases. Create posters of the different courts and
cases.
A court visit is optional but recommended.
www.legalanswers.sl.nsw.gov.au/students_teachers/prelim_basic.cfm
statute law
 outline the role and
 the relationship
Define statute law.
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Legal Studies Stage 6 – Support Material
Students learn about:
 role and structure of
parliament
Students learn to:
structure of
parliament and the
legislative process
Suggested teaching and learning strategies
Pre-test to assess prior Stage 5 knowledge.
Brief overview of the role and structure of parliament.
Extension work: Research who currently is able to vote in Australian
elections.
Themes and challenges
between different legal
institutions and
jurisdictions
Visit the website www.aec.gov.au and investigate how young
Australians enrol to vote.
 legislative process
Resources: www.parliament.nsw.gov.au
Hot Topics, No. 60, Australian Legal System, 2007.
Hot Topics, No. 34, Voting and Elections, 2001.
Construct a flow chart to show the passage of a bill into law.
 delegated legislation
 describe the
function of
delegated
legislation
Define delegated legislation, including its purpose, where and how it is
used.
Activity: Students devise a table listing the advantages and
disadvantages of delegated legislation.
Guest speaker: Invite a local member of Parliament or representative
from local council to speak to the class.
Resource: Hot Topics, No. 60, Australian Legal System, 2007.
The constitution
 division of powers
 explain the
difference between
division and
separation of
powers
Pre-test the historical background to Federation and the writing of the
constitution.
Outline the constitutional division of power between the
commonwealth and the states and discuss section 51 of the Australian
constitution.
Construct a Venn diagram to show specific and residual powers, and
the overlap between commonwealth and states.
Resource: Australian Constitution
 separation of powers
Define legislature, judiciary and executive.
Discussion: Examples of what can happen if there is not a separation
of powers (eg Chile under Pinochet).
19
 relationship between
different legal
institutions and
jurisdictions
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Resource: Hot Topics, No. 60, Australian Legal System, 2007.
 role of the High Court
 examine the role of
the High Court in
the interpretation
of the constitution
Explain the role of the High Court, including the difference between
original and appellate jurisdiction, and constitutional interpretation.
Activity: Students visit the High Court website to complete a summary
(using Word or PowerPoint) of the history and the operation of the
court including a virtual tour. Students should investigate a recent case
before the High Court.
Resources: www.hcourt.gov.au
The High Court (DVD available from the High Court).
Hot Topics, No. 71, Courts, 2009.
 examine the
characteristics of
Aboriginal and
Torres Strait
Islander Peoples’
customary laws
Define customary law.
Observe a map of Australia showing ATSI languages and peoples at
the time of European arrival to highlight the large number of different
groups and explain that although there are similarities, each group
developed its own laws.
Aboriginal and Torres
Strait Islander Peoples’
customary laws
 diverse nature of
customary laws
 spiritual basis,
significance of land and
water
 family and kinship
Students watch the DVD Women of the Sun (ABC) Part 1 and/or First
Australians (SBS) and complete a mind map summarising the main
characteristics of ATSI customary law.
Construct a table to compare and contrast ATSI customary law and
Australian contemporary law.
 ritual and oral traditions
Define ritual.
Discuss oral traditions, and how they are passed down between
generations (eg the Dreaming). Students consider the difficulties of
oral traditions in the contemporary Australian legal system,
20
 the development of law
as a reflection of
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
particularly in relation to rules of evidence and hearsay.
 mediation and sanctions
 relevance to
contemporary Australian
law
Define mediation and explain how it is used in ATSI customary law
using examples.
Define sanctions and outline the type of sanctions used in ATSI
customary law.
Activity: Briefly compare these sanctions with those used by
contemporary Australian courts.
 outline the extent
to which
Aboriginal and
Torres Strait
Islander Peoples’
customary laws
have been
integrated into
Australian law
Outline problems ATSI people have faced, such as understanding the
court system, over-representation in arrests and prison population, and
high rates of recidivism. (*This could be integrated with Part III.)
Discuss how and why alternative sanctions have been integrated into
contemporary Australian law, such as circle sentencing and the role of
community justice and traditional punishments.
Resources: The Circuit, DVD, SBS TV.
Hot Topics, No. 33, Reconciliation, 2001.
Hot Topics, No. 60, Australian Legal System, 2007.
Carolyn Heske, ‘Interpreting Aboriginal justice in the
Northern Territory’, in Alternative Law Journal, No. 33,
March 2008.
Written response: ‘Outline the extent to which ATSI customary laws
have been integrated into Australian law. Discuss whether this
integration has happened because of society’s changing values.’ Model
a scaffold in class, brainstorm an introductory paragraph and students
complete the task.
21
 influences on the
Australian legal system
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 distinguish
between domestic
and international
law and examine
the impact of state
sovereignty
Define domestic law and international law using examples.
 the relationship
between different legal
systems and
jurisdictions
 sources, including:
– international
customary law
– instruments
(declarations and
treaties)
– legal decisions,
writings.
 examine the
sources of
international law
Define state sovereignty, comment on its importance and discuss
advantages and disadvantages.
 role of:
– United Nations
– courts and tribunals
– intergovernmental
organisations
 describe the role of
the various
organisations
involved in
international law
International law
 differences between
domestic and
international law
Construct a table outlining the major differences between domestic and
international law, their key features and purposes, how they are created
and their levels of enforceability.
 the need for law in the
operation of society
 state sovereignty
Outline the major sources of international law.
Activity: Students visit the UN website www.un.org
Review student understanding of the role of the UN from Stage 5
History and Geography.
Part 1 – examine the United Nations Declaration of Human Rights
1948. Choose five articles and summarise them in your own words.
Part 2 – create a fact file about the UN including:
– background to the creation of the UN and its aims
– major organs and their current members
– the roles of the International Court of Justice, International Criminal
Court, International Criminal Tribunal for the Former Yugoslavia,
International Criminal Tribunal for Rwanda, European Court
(www.curia.europa.eu).
Mind map intergovernmental organisations, eg European Union,
22
 the relationship
between different legal
systems and
jurisdictions
 the development of law
as a reflection of
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
African Union or APEC. Examine the role of each, through internet
research.
Define NGOs. Provide examples.
Group activity: In small groups, students prepare a brief report on a
major international non-government organisation covering the history,
aims and activities they are involved in and their influence on
international law. Present to class accompanied by a summary.
– non-government
organisations
 relevance to
contemporary Australian
law
 examine how
international law
impacts on and is
incorporated into
Australian law
Resources: International Red Cross www.icrc.org
Medecins Sans Frontieres www.msf.org.au
Amnesty International www.amnesty.org
Greenpeace www.greenpeace.org
Oxfam www.oxfam.org
Group activity: Construct a table to show the domestic laws that have
been developed as a result of the ratification of international
documents, such as anti-discrimination legislation.
3. Classification of law
 public law
– criminal law
– administrative law
– constitutional law
 outline different
types of law
Define public law distinguishing between criminal, administrative and
constitutional law.
Define private law distinguishing between contract, tort and property
law.
Class discussion: What is the purpose of different types of law?
 private law (civil law)
– contract law
– tort law
– property law
 compare the
purpose of
different types of
law
Group activity: Students to find a range of cases, articles or examples
from the media and classify accordingly.
Create a flow chart to show and contrast civil and criminal court
proceedings.
Excursion: Students visit a court to watch proceedings. Identify key
23
 the relationship
between different legal
systems and
jurisdictions
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
legal personnel and outline their role. Discuss the purpose of additional
support, such as translators, liaison officers and counsellors.
 criminal and civil court
procedures including
legal personnel
 distinguish
between criminal
and civil court
procedures
 identify the role of
legal personnel
involved in the
court process
 common and civil law
systems
 compare and
contrast common
and civil law
systems
Table: compare and contrast inquisitorial and adversarial systems of
law.
Extension work: Debate – ‘The inquisitorial system searches for the
truth, the adversarial system does not!’
Topic test/review
Resources: www.lawlink.nsw.gov.au
www.lawmap.com.au
The Law Handbook, Redfern Legal Centre Publishing
LIAC Crime Library
LIAC Civil Library
Resources: Whitton, E 1998, The Cartell: Lawyers and Their Nine
Magic Tricks, Griffin Press, Sydney.
Whitton, E 2005, Serial Liars: How Lawyers Get the
Money, published by the author
(ewhitton@bigpond.net.au).
4. Law reform
 conditions that give rise
 examine the
to law reform including
conditions that
changing social values,
give rise to law
new concepts of justice,
reform
new technology, see Law
Reform page of Legal
Studies Research Guide
and HSC Legal Studies:
Newswatch
http://blog.sl.nsw.gov.au/
hsc_legal_studies
Define law reform.
Discuss the conditions that have led to law reform and brainstorm
examples:
– changing social values, eg attitudes towards witchcraft,
decriminalisation of homosexuality, stricter controls on domestic
violence, and the protection of children
– new concepts of justice, eg human rights legislation such as antidiscrimination laws, removal of the death penalty
– new technology, eg the use of DNA, internet and computer use,
medical technology.
24
 the development of law
as a reflection of
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 agencies of reform
including law reform
commissions,
parliamentary
committees, the media,
non-government
organisations
 describe the role of
agencies involved
in law reform
Define agencies of reform and outline the role of law reform
commissions, parliamentary committees, the media and nongovernment organisations.
Think/Pair/Share: In pairs, students investigate an agency of law
reform, eg Australian Law Reform Commission (ALRC). Complete a
report on the process that the agency follows in reforming the law.
Share findings with the class.
Resources: www.alrc.gov.au
www.lawlink.nsw.gov.au/lrc
www.legalanswers.sl.nsw.gov.au/students_teachers/preli
m_lawreform.cfm
http://blog.sl.nsw.gov.au/hsc_legal_studies
 mechanisms of reform
including courts,
parliaments, United
Nations,
intergovernmental
organisations
 examine the
operation of the
different
mechanisms of
reform
Review examples of:
– courts’ ability to create common law and interpret statutes, eg
native title
– parliaments’ ability to create statute law, eg Brendan’s law,
www.rta.nsw.gov.au/rulesregulations/brendans_law.html
– the United Nations’ ability to create treaties, declarations and
resolutions, eg Convention on the Rights of the Child
– intergovernmental organisations’ ability to form treaties and
impose conditions on members, eg European Union and the
creation of the European Court.
5. Law reform in action
Two examples of law reform must be studied.
Law reform in relation to native title is MANDATORY.
Another example can be taken from List B or a topic of the
student’s choice.
25
Themes and challenges
 influences on the
Australian legal system
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
a) native title
– terra nullius
– the roles of the High
Court and federal
parliament
 explain why terra
nullius was an
obstacle to
achieving native
title
Define terra nullius and explain why this was an obstacle to achieving
native title.
 influences on the
Australian legal system
– major native title
decisions
– legislation
 examine the roles
of the High Court
and federal
parliament in
recognising native
title
Examine the role of the High Court in the following case law:
– Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141
– Mabo v Queensland (No. 1) [1988] HCA 69; (1988) 166 CLR 186
– Mabo v Queensland (No. 2) [1992] HCA 23; (1992) 175 CLR 1
– Wik Peoples v Queensland [1996] HCA 40; (1996) 187 CLR 1
Create a timeline to show the historical development of the doctrine of
terra nullius to native title.
Resources: Frontiers, Episode 1, ABC, DVD
First Australians, SBS, DVD
 examine major
Hot Topics, No. 48, Native Title, 2004
Australian native
Hot Topics, No. 68, Indigenous Peoples, 2009
title decisions
Northern Land Council website – www.nlc.org.au
www.abs.gov.au
 assess the
www.abc.net.au/news/video – archives
effectiveness of the
www.austlii.edu.au
law reform process
in achieving just
outcomes in regard Visit the Native Title Tribunal www.nntt.gov.au. Examine a map
indicating where native title claims have been successful. Choose one
to native title
state or territory of Australia and briefly summarise one ruling or
determination.
Resources: www.ag.gov.au
www.nntt.gov.au
www.hreoc.gov.au
Writing task: ‘Assess the effectiveness of the law reform process in
achieving just outcomes in regard to native title.’ Brainstorm a scaffold
in class. Teacher models the introduction; students complete exercise.
26
 the relationship
between different legal
institutions and
jurisdictions
 the development and
change of law as a
reflection of society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 identify and
investigate a
contemporary law
reform issue
Optional topic: Sport and the law
This topic can be treated as a whole class topic, or divided up for
group research under different elements such as discrimination and
sport, violence and sport (on field and/or off field, including crowd
behaviour), drug use and sport.
b) A contemporary law
reform issue
the example used here
is sport and the law
Using media articles, videos and snapshots from the sports news, raise
awareness of sport issues by creating relevant posters.
Create a mind map identifying reasons why and how law reform has
impacted on sport.
 examine the
conditions that
give rise to the
need for law
reform, the
agencies of reform
and mechanisms of
reform
Group activity: Identify different types of discrimination in sport,
such as, disability, gender, race, culture, sexual preference, etc.
Racism, sport and law reform
Research past examples of discrimination such as Jesse Owens (1936
Olympics); Springbok tour of Australia 1971; Aboriginal cricketer
Eddie Gilbert (1920s) and more recent cases.
Discussion: Have attitudes towards race changed over time?
Research current examples of discrimination in sport, including media
articles.
Resources: www.playbytherules.net.au
What’s the Score? A survey of cultural diversity and
racism in Australian sport – 2007 HREOC report
Tatz, Colin, Obstacle Race: Aborigines in Sport, UNSW,
1995
From Google to Legal Studies – Research Guide –
27
Themes and challenges
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
PowerPoint presentation, May 2008 (LIAC). Download
PPT from
www.legalanswers.sl.nsw.gov.au/students_teachers
Healy, Deborah, Sport and the Law, UNSW Press, 2003.
Debate: ‘There is a need for law in the operation of sport in society.’
Research: Investigate the significance of the Gleneagles Agreement
1977 among Commonwealth nations.
 assess the
effectiveness of
law reform in
achieving just
outcomes with
regard to a
contemporary law
reform issue
Outline current legislation, such as the Anti-Discrimination Act 1975
and the Racial Hatred Act 1995 and discuss the impact of these acts on
sport and society, including administration and sanctions for breaches.
Activity: Students create a flow chart to show the process from
complaint to resolution.
Group activity: Students examine a sport and its code of behaviour
and describe how discrimination is treated by this sporting body.
Written activity: ‘Assess the effectiveness of law reform in achieving
just outcomes in relation to racism in sport. Make reference to cases,
legislation, media and reports to support your answer.’
Violence, sport and law reform
Discussion: Why has it been necessary to introduce law reform to deal
with violence in regard to sport?
Resources: Violence in Sport Report – Australian Institute of
Criminology www.aic.gov.au –> publications
www.playbytherules.net.au
Group activity: Students examine a sporting code of behaviour and
outline the process of reporting violence and enforcing the code.
28
 development of law as
a reflection of society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Outline the role and jurisdiction of these enforcement bodies including
relevant case studies, eg swimmer Nick Darcy.
Resources: The Court as a Referee in Sport, Deborah Healey, Reform
(the journal of the Australian Law Reform Commission),
No. 88, 2006.
http://blog.sl.nsw.gov.au/hsc_legal_studies
Class discussion: What is the role of legislation, police and the courts
in maintaining safety and order at sporting fixtures?
Use www.parliament.nsw.gov.au to investigate the Sporting Venues
(Offenders Banning Orders) Act 2005.
Written response: ‘Assess the effectiveness of law reform in
achieving just outcomes with regard to violence in sport. Make
reference to cases, legislation, media or documents where relevant.’
29
Themes and challenges
Legal Studies Stage 6 – Support Material
Part II: The individual and the law
30% of course time
Principal focus: Students investigate the way in which the law impacts on individuals by referring to legal and non-legal institutions, laws and
media reports.
Outcomes
P1. identifies and applies legal concepts and terminology
P3. describes the operation of domestic and international legal systems
P4. discusses the effectiveness of the legal system in addressing issues
P5. describes the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
P6. explains the nature of the interrelationship between the legal system and society
P7. evaluates the effectiveness of the law in achieving justice
P8. locates, selects and organises legal information from a variety of sources including legislation, cases, media, international instruments and
documents
P9. communicates legal information using well-structured responses
P10. accounts for differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 relationship between justice, law and society
 relationship between rights and responsibilities
 balancing the rights of individuals with the needs of the state
 role of the law in regulating technology
 effectiveness of legal mechanisms for achieving justice for individuals and society.
Assessment task: Research task on a contemporary issue associated with the individual and technology.
30
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
1. Your rights and
responsibilities
 the nature of
individual rights
 identify the rights to
which individuals are
entitled
Pre-test: Brainstorm individual’s rights in Australia. Consider a range
of rights.
Outline the major sources for rights in Australia – constitutional,
common law, statutory.
– constitutional rights – examine the constitution. View extracts from
The Castle (DVD Working Dog Productions)
– common law rights (those developed by the courts) such as habeus
corpus, procedural fairness, right to a fair trial
– statutory rights (those made by parliament) such as privacy, freedom
of information, and anti-discrimination laws.
Investigate the Department of Immigration and Citizenship website
www.citizenship.gov.au, and list the rights of citizenship.
Extension: www.smartraveller.gov.au
Scenario – As an Australian citizen caught in a major disaster overseas
(eg tsunami or terrorist attack), what are your expectations of the
Australian government? Potential responses include: sending armed
forces to remove citizens to safety, providing embassy help, assisting in
identifying and locating the injured and deceased, helping inform
families. Note: teacher could integrate Part III of syllabus, including
examples of Australians arrested overseas such as David Hicks, or the
Bali Nine, or Stern Hu.
Brainstorm citizens’ responsibilities. Read the relevant parts of
www.citizenship.gov.au and discuss the responsibilities.
31
 relationship between
justice, law and
society
Legal Studies Stage 6 – Support Material
Students learn about:
 relationship between
rights and
responsibilities
Students learn to:
Suggested teaching and learning strategies
 outline the
responsibilities of
citizens within a
society
Students construct a table using the headings Rights and
Responsibilities.
Write an explanation of the interrelationship between rights and
responsibilities.
 relationship between
rights and
responsibilities
 explain the
interrelationship
between rights and
responsibilities
Extension activity: What are the limitations on rights, eg the right to
freedom of speech? Students examine controversial statutes created for
special occasions such as the APEC summit and World Youth Day.
 balancing the rights of
individuals with the
needs of the state
Write an extended response, or conduct a debate on the topic ‘To what
extent should individual rights be limited?’ (students should consider the
utilitarian view of law, ie that individual freedoms may need to be
limited for the good of the majority, as opposed to protection of
individual rights).
Letter to editor responding to the limitations imposed during the APEC
summit.
2. Resolving disputes
 the roles of the
federal and state
police and other law
enforcement agencies
Themes and challenges
 outline the role of law
enforcement agencies
Group work: Investigate the role of the Australian Federal police and
the NSW police.
Resources: www.afp.gov.au Australian Federal Police
www.police.nsw.gov.au NSW Police
Police guest speaker
Brainstorm session – who other than the police has the authority to
enforce rights? (delegated legislative bodies, eg Environmental
Protection Authority (EPA), Australian Competition and Consumer
Commission, local councils, State Rail, Centrelink)
32
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Quick quiz: Matching terms on rights, responsibilities and enforcement
 resolving disputes
between individuals:
– alternative dispute
resolution
– tribunals
– courts
 identify and examine
methods of resolving
disputes between
individuals
List disputes that can occur between individuals (eg between
neighbours, in the workplace, consumers, within families).
 relationship between
justice, law and
society
Outline the operation of alternative dispute resolution processes (ADR),
tribunals and courts and prepare a table listing the advantages and
disadvantages of each. Include jurisdiction, decision-maker, rules of
evidence, and enforceability. Provide an example of the type of matter
heard.
Research the role and function of community justice centres.
Resources: www.cjc.nsw.gov.au
Hot Topics, No. 71, Courts, 2009
The Law Handbook, Redfern Legal Centre publishing.
Role-play activity: Demonstrate a possible dispute and appropriate
method of resolution.
Resource: The Law Society of NSW runs the Schools Conflict
Resolution and Mediation Competition (SCRAM) for junior students.
They provide excellent scripts for this scenario at
www.lawsociety.com.au
 resolving disputes
with the state:
– non-legal methods:
- media
- members of
parliament
- trade unions
- interest groups,
including non-
List disputes that can occur between individuals and the state and
contrast with disputes involving individuals.
Make notes on what is meant by non-legal methods.
Media search: Examples of individuals in dispute with the state (such
as planning and development issues).
Research: Students examine a local or current dispute such as the one at
33
 the effectiveness of
legal mechanisms in
achieving justice for
individuals and
society
 balancing the rights of
individuals with the
needs of the state
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
government
organisations
 assess the
effectiveness of
methods of resolving
disputes
Suggested teaching and learning strategies
Themes and challenges
Catherine Hill Bay, NSW. Catherinehillbay.org.au/save the bay
campaign
Discuss the role and power of the media, including the internet, in
manipulating public opinion on a range of issues, which may lead to
changes in decision-making or law reform.
Group work task to investigate other non-legal methods. Each group
should consider the role of the relevant person/organisation, the types of
disputes that fall under their area of interest/concern and methods that
may be used to assist individuals. Each group should attempt to assess
the effectiveness of the person/organisation as a remedy for individuals
in dispute with the state, with examples of cases, legislation or media
included if possible.
– legal methods:
- internal review
- external review:
administrative,
judicial,
ombudsman,
statutory bodies
including:
Australian
Human Rights
Commission,
Independent
Commission
against
Corruption
(ICAC), Royal
Commissions
 distinguish between
non-legal and legal
methods of enforcing
rights and resolving
disputes
Discuss differences between legal and non-legal methods of dispute
resolution.
 assess the
effectiveness of
dispute resolution
processes in achieving
justice for and
between individuals
Student activity on one of the following: the office of the ombudsman,
Australian Human Rights Commission, ICAC, Royal Commissions
(group work, oral presentation, student-developed worksheet, etc). May
include examples of cases or matters that each organisation has heard,
and if possible the outcome.
Resources: The following websites are all excellent for students:
www.ombo.nsw.gov.au
www.icac.nsw.gov.au
www.hreoc.gov.au
www.ag.gov.au
Define and distinguish between internal and external review.
34
 effectiveness of legal
mechanisms for
achieving justice for
individuals and
society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
The Law Handbook, Redfern Legal Centre Publishing
Hot Topics, No. 71, Courts, 2009
Hot Topics, No. 60, Australian legal system, 2007
Reform, Issue 84, Tribunals, 2004, ALRC
Topic review: Multiple-choice, mix-and-match quiz or trivia game.
Scaffold in class. Students write an extended response to the following:
‘Using cases, legislation and/or media, assess the effectiveness of
dispute resolution processes in achieving justice for and between
individuals.’
Contemporary issue:
The individual and
technology
 impacts of
technology on the
individual
Identify the different purposes of technology including in the areas of
medicine, surveillance, communication, entertainment, food production,
criminal law, workplace, shopping.
 relationship between
justice, law and
society
 legal implications
 difficulties with
enforcing rights
 future directions
– the role of law
reform
Outline the impact that technology has on an individual. Group work on
the positive and negative impacts of a particular use of technology (eg
CCT cameras reduce shoplifting and decrease privacy).
 explain the difficulties
Class discussion on the implications of the impact of technology and
with enforcing rights
why legal regulation is necessary for both the individual and society.
 relationship between
rights and
responsibilities
Examples that may be
studied could include:
– misuse of
interactive
technologies
 assess the role of law
reform in addressing
emerging
technological issues
and enforcing rights
Case study – the use of DNA and the law
Teacher models case study. (Students will later research and present
another case study)
Areas to consider:
 the uses of DNA, eg for identifying victims; paternity; medical
35
 balancing the rights of
individuals with the
needs of the state
 the role of the law in
regulating technology
 the effectiveness of
legal mechanisms for
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
–
–
–
–
–
cyber-bullying
genetic profiling
cyberspace
privacy issues
security and
surveillance
– mobile phones
– copyright
 discuss the legal
implications of the
use of technology and
its impact on the
individual
Suggested teaching and learning strategies
Themes and challenges
problems; and identifying offenders.
 issues associated with the use of DNA, eg DNA in criminal law
– evidence and admissibility in court (Crimes (Forensic Procedures)
Act 2000 (NSW))
– potential over-reliance by police and courts on DNA testing
– lack of equal access to forensic testing for the defence in criminal
proceedings
– possibility of mistakes and the danger associated with acceptance of
DNA testing as infallible by juries
achieving justice for
individuals and
society
– testing a community to identify a guilty party, thereby overturning
the presumption of innocence (R v Boney (unreported, Moree
District Court, 20 October 2000) – Wee Waa sexual assault case in
which the men of the community volunteered for testing)
– use of DNA by the state to prove guilt rather than innocence, R v
Button [2001] QCA 133 where the prosecution withheld DNA
evidence
– DNA databases, eg the National Criminal Investigation DNA
Database (NCIDD)
– application to past crimes
– establishing the innocence of those wrongly convicted (eg death
row inmates in the US). Note the establishment of an Innocence
Panel to consider applications by prisoners in NSW
– privacy and discrimination issues
– questions of paternity – confidentiality, consent, counselling
(Family Law Regulations 1984 (Cth) and state court orders)
Resources: ‘Forensic sciences from the judicial perspective’, Justice
Wood, 2002, www.lawlink.nsw.gov.au/lawlink –>
Supreme Court –> Speeches.
Council of Civil Liberties, www.nswccl.org.au.
‘The Peter Falconio Investigation: Needles, Hay and DNA’,
Current Issues in Criminal Justice, No. 18, Issue 3, March
36
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
2007.
www.biotechnologyonline.gov.au/human/dnaprofile.cfm
(also includes online investigation games).
This section provides an opportunity to integrate Part III – Law in
practice through study of a case such as the Peter Falconio case. This
could be developed as a webquest with links to case material through
Austlii (The Queen v Murdoch [2005] NTSC 77 and Murdoch v The
Queen [2007] NTCCA 1); the Australian Legal Aid Commission article
titled ‘Harmonisation of forensic procedures legislation’; and media
articles from the time. Examine the legal and non-legal responses to the
issue and evaluate the effectiveness of the law in this matter. Link this to
a consideration of the broader issues associated with the use of DNA and
the criminal law.
Summative activity: Discussion and note-making – assess the role of
law reform in addressing the issues associated with the use of DNA.
Include a discussion of whether the needs of the state should be given
priority over the needs of the individual.
Student research (possible assessment task or to integrate Part III) –
investigate another area of technology. Students should examine the
legal implications and regulation of the technology and the role of law
reform, and evaluate the effectiveness of the law in achieving justice for
individuals and society.
37
 balancing the rights of
individuals with the
needs of the state
Legal Studies Stage 6 – Support Material
Part III: Law in practice
30% of course time
Principal focus: Students investigate contemporary issues that illustrate how the law operates in practice.
Outcomes
P1. identifies and applies legal concepts and terminology
P3. describes the operation of domestic and international legal systems
P4. discusses the effectiveness of the legal system in addressing issues
P7. evaluates the effectiveness of the law in achieving justice
P8. locates, selects and organises legal information from a variety of sources including legislation, cases, media, international instruments and
documents
P9. communicates legal information using well-structured responses
Themes and challenges to be incorporated throughout this topic
 the relationship between justice, law and society
 the development and reform of law as a reflection of society
 the importance of the rule of law
 the responsiveness of the legal system in dealing with issues
 the effectiveness of legal and non-legal mechanisms in achieving justice for individuals and society.
Assessment task: Student’s own research/investigation.
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Legal Studies Stage 6 – Support Material
The Law in practice unit can be integrated with Part I and/or Part II of the Preliminary course, or treated as a separate unit.
This unit is designed to provide opportunities for students to deepen their understanding of the principles of law covered in Part I and Part II.
Students should have the opportunity to develop the relevant research, analytical and communication skills that underpin the process of
investigation. Students should synthesise information from a range of sources, including cases, legislation, the media and international instruments
to support a legal argument. Topics should extend particular areas of individual or group interest.
At least TWO contemporary issues should be studied. One issue is presented below.
Students learn about:
Issues that involve an
Australian in a domestic
jurisdiction, or Australian
citizen(s) in another
jurisdiction, focusing on the
mechanisms for achieving
justice and the
responsiveness of the legal
system when attempts are
made to achieve justice
 Contemporary issues –
case study: the detention
of David Hicks
Links to learn about
statements in Parts 1
and 2
 events which highlight
legal issues
Students learn to:
Suggested teaching and learning strategies
 examine at least two
contemporary issues
that involve Australian
citizen(s) in either a
domestic or another
jurisdiction
Contemporary issue 1: the detention of David Hicks
Note: This topic is not designed to be about the guilt or
innocence of Hicks. Rather, the focus should be an
examination of the legal process.
Background to this issue:
ICT activity: Research the case of David Hicks. Students
compile a basic timeline to do with his detention, noting the date
of the beginning of the detention, the date and nature of the
original allegations, the dates and nature of changes to the
allegations, the appointment of legal representation, the trial
appearances, subsequent developments and his ultimate release.
39
Themes and challenges
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 state sovereignty (Part I:
The legal system)
Students investigate the mechanisms available to Hicks and the
Australian Government to achieve justice, and the
responsiveness of the legal system in attempting to achieve
justice. Students also consider the role of sovereignty.
Activity: Review the rights and protection given to citizens in
another jurisdiction (from Part II).
What assistance was given by the Australian Government to
David Hicks as an Australian citizen being held in another
jurisdiction?
 individuals or groups in
conflict with the state
Class discussion: What made Hicks’s circumstances different to
other Australians in legal disputes in foreign jurisdictions?
Students debate: Should rights be an automatic entitlement, or
should extreme situations remove these rights? Record the major
arguments for and against on the board.
Themes and challenges
 relationship between
justice, law and society
Activity: Students investigate the background and major
principles of the Geneva Convention, and anti-torture
conventions.
 instruments of
international law –
conventions (Part I – The
legal system)
Resources: Hot Topics, No. 58, Terrorism, 2006
Burnside, Julian, 2008, Watching Brief: Reflections
on Human Rights, Law and Justice, Scribe
Publications, Carlton North.
www.lawcouncil.asn.au/programs/criminal-lawhuman-rights/human-rights/hicks.cfm
The Case Against David Hicks, ABC Four Corners,
31/10/05
www.abc.net.au/4corners/content/2005/s1491717.ht
m
Crowe, Jonathon, ‘Combatant Status and the War
on Terror – Lessons from the Hicks case’,
Alternative Law Journal, Vol 33, No. 2, June 2008
40
 the importance of the
rule of law
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
LIAC Crime Library
 basic legal concepts –
 describe the legal and
procedural fairness, rule of
non-legal responses to
law, access (Part I – The
this issue
legal system)
 evaluate the
effectiveness of the
legal and non-legal
responses to this issue
Activity: Students examine the Hicks case and show deep
knowledge of earlier work by highlighting issues about the legal
process under the following points:
– procedural fairness
– rule of law
– access to the law
– sovereignty
– balancing the protection of the rights of an individual with
those of the state.
 the relationship
between rights and
responsibilities (from
Part II)
 Resolving disputes (Topic
II: the individual and the
law)
non-legal methods: role of
media, interest groups
(including nongovernment organisations)
Activity: Students and teacher discuss the role of the media.
Teacher collects for comparison an early and later example of a
media article (from the internet). Discuss the extent to which the
media can sway public opinion and subsequent political
decisions regarding the law.
 the development of law
as a reflection of
society
Criteria to evaluate
effectiveness could
include:
– resource efficiency
– accessibility
– enforceability
– responsiveness
– protection of
individual rights
– meeting society’s
needs
– application of the rule
of law
– has justice been
achieved?
Activity – extended response:
‘To argue that one should not have preventative detention for
suspected terrorists is to avoid the real issues that must be faced
involving, among other factors, weighing the risk of wrongful
incarceration of one person against the risk of a preventable
terrorist attack occurring. The risk of mass destruction and loss
of life is clearly a highly relevant consideration. The government
claims to have found the appropriate balance’ – David Bennett
QC AC.
Discuss this statement.
41
 the effectiveness of
legal and non-legal
mechanisms in
achieving justice for
individuals and society
Legal Studies Stage 6 – Support Material
The research and investigation process
The development of students’ research and investigative skills is encouraged throughout the course,
particularly in Preliminary Part III The law in practice. This unit is designed to provide opportunities
for students to deepen their understanding of the principles of law covered in Parts I and II of the
Preliminary course. Students will develop the research, analytical and communication skills that
underpin the process of investigation. They should learn to locate, evaluate and synthesise information
from a range of sources, including cases, legislation, the media, legal documents and international
instruments to support a legal argument. They learn to evaluate websites and determine which
websites are the most relevant and reliable for their topics.
The process of research and investigation may include:
 planning and conducting legal investigations
 comprehending written sources
 locating, selecting and organising relevant information from a variety of sources
 summarising and synthesising main ideas to develop and support a legal argument
 using a variety of sources to develop a view about legal issues
 identifying legal debates, problems and issues relevant to the topic
 analysing sources for their usefulness, relevance and reliability
 identifying different legal perspectives and interpretations evident in sources
 formulating relevant research questions and hypotheses relevant to the
investigation
 using legal terms and concepts appropriately
 refining the argument – revisiting the original question/hypothesis and reviewing it in light of new
material, eg the introduction of new sources may change conclusions drawn
 presenting and communicating the findings of the investigation using appropriate and wellstructured oral and/or written and/or multimedia forms, including ICT.
Communication/presentation
A variety of modes of presentation may be used including:
 extended responses
 a legal report or brief
 PowerPoint or other ICT format
 oral presentation
 group work.
The following proforma may be useful for students in planning their legal investigation.
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Legal Studies Stage 6 – Support Material
Student notes
1 Choosing my issue
(an issue is something which is contentious or problematic
and which can be seen from a variety of viewpoints)
 What am I interested in?
 What will be my focus?
 Is it contemporary?
 What do I already know about my issue?
 Is there a specific event, case or situation which
highlights my issue?
 Have I checked the syllabus?
 Have I submitted my issue for checking by the teacher?
2 Locating my information
 Where do I start?
 What sources could I use?
 Have I used a variety of sources? (sources could
include websites, media, case reports, legislation,
documents, international instruments)
3 Selecting and organising my information
 Have I made a list of useful sources of information?
 Can I identify the most useful/reliable sources,
including websites, from this list?
 Do I have a diverse and balanced range of sources?
 Do these sources represent a range of perspectives,
facts and opinions?
 Am I recording details for my bibliography as I go?
4 Analysing and synthesising my information
 Does my information address the issue?
 Which legal and non-legal responses am I going to
 address?
 What judgement(s) am I going to make about the
effectiveness of these responses in relation to my issue?
 What criteria am I going to use to make those
judgements (ie to evaluate the effectiveness)?
 Have I checked the syllabus?
5 Planning my response
 How will I present my response?
 Does my response meet the requirements of the marking
criteria?
 Is my response logical and well structured?
 Have I included appropriate legal terminology?
 Have I included relevant legal information and ideas?
 Have I included a bibliography?
6 Self-evaluation
 Have I answered the question?
 Have I clearly identified and addressed the issue?
 Have I done a final edit of my work? (hint – read it
aloud, have another person review it before submission)
 What did I learn from this process?
43
Date
Legal Studies Stage 6 – Support Material
44
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Analysing a website
The internet contains an enormous amount of useful information. It can provide access to libraries,
databases and legal experts from around the world. The internet also contains irrelevant material that
students often use indiscriminately. Students need to be aware that each site is constructed by an
individual or an organisation for a purpose. There is little, if any, editing, quality control or censorship
of websites. Students of Legal Studies need to evaluate a website to know whether the information it
contains is useful and reliable.
The following criteria are useful for evaluating websites. After applying the criteria, the material
contained in the site can be more closely evaluated using the criteria for analysing legal sources.
1 Decode the URL
The first step in evaluating a site is to decode its uniform resource locator or URL. This indicates what
type of site it is, such as government, commercial or educational.
Example
URL
Type of site
Site
hsc.csu.edu.au
edu
education
HSC Online
lawlink.gov.nsw.au
gov
government agency
Attorney-General’s Department
abc.net.au
net
network related
Australian Broadcasting Commission
smh.com.au
com
commercial
Sydney Morning Herald
greenpeace.org
org
non-profit and research organisations
Greenpeace
2



Identify the author or creator of the site
Does the site show the author or creator?
Does the site show the author’s qualifications or experience?
Does the site include an email address for contacting the author?
Most legitimate and reliable sites include details of the author or creator.
3

Links
Is the site linked to other sites related to the topic?
Most quality sites link to other related sites.
4

Purpose
Why does the site exist?
Is it to provide information, to sell something, to persuade you to think a particular way, to promote a
particular cause? Identifying the site purpose is an important step in the evaluation process.
5

Currency
Are there dates on the page to indicate when the page was written or last updated?
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Legal Studies Stage 6 – Support Material
Site reliability checklist
Could be unreliable
Should be reliable
Site produced by private individual(s) but no
information is given about them, eg Wikipedia
Site produced by well-qualified individuals, eg from
universities or respected journalists
Site where no information is given about the
author or agency
Public organisation which has a clear ethical charter,
eg Amnesty International
Site where no author or agency is shown
Government site, educational site, non-profit research
organisation site
Site which uses racist, sexist or violent language
to get its message across
Site which presents information objectively rather than
emotionally
Site which is biased or features stereotypes,
distortions and exaggerations
Site which provides a statement of intent which will help
you detect a point of view and bias
Site which takes extreme viewpoints without
providing verifiable evidence
Site which provides both sides of a discussion, supported
by verifiable evidence
Site which is not dated
Site which is dated and recently updated
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Legal Studies Stage 6 – Support Material
4
Sample Preliminary course assessment tasks
The sample assessment programs and tasks provided in this document have been developed using
advice provided in the Board of Studies publication HSC Assessment in a Standards-referenced
Framework: a Guide to Best Practice, published in November 2003, and The New Higher School
Certificate Assessment Support Document which assists teachers to incorporate the key features of
standards-referenced assessment into their assessment planning. Teachers are strongly advised to
consult these documents in designing their assessment programs and individual tasks.
The tasks provided on the following pages has been developed from Sample Program 1. They have
been designed using the steps outlined in the assessment support document. The tasks provide:
 a clear indication of outcomes to be assessed
 clear instructions to students
 explicit advice to the students about the criteria to be used for assessing their performance
 a marking scheme related to the criteria.
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Legal Studies Stage 6 – Support Material
4.1 Preliminary course: Sample Assessment Task 1
Law reform webquest
Nature of task: ICT investigation, report submission and extended response.
Weighting: 25%
Marks: 25
Outcomes to be assessed
P3. describes the operation of domestic and international legal systems
P5. describes the role of law in encouraging cooperation and resolving conflict, as well as initiating
and responding to change
P6. explains the nature of the interrelationship between the legal system and society
P8. locates, select and organises legal information from a variety of sources including legislation,
cases, media, international instruments and documents
P9. communicates legal information using well-structured responses
Task description
The task has two parts:
 Complete the attached webquest and submit a report of no more than 1500 words of your research
findings. (15 marks)
Please note the importance of the implications of ‘All My Own Work’ and problems of
plagiarism. This is individual work and your teacher must be satisfied that you completed all the
work yourself.
 Using some of your research findings, write an extended response in class time on the topic:
‘Domestic and international legal systems are highly effective in initiating and responding to
change.’ Discuss this statement with reference to:
- the conditions that give rise to law reform
- the agencies of reform
- the mechanisms of reform. (10 marks)
Procedure
1. Students will have TWO lessons in class to complete the webquest.
2. On the date specified by your teacher you will be required to submit the webquest report.
3. After class discussion of the findings of the webquest research, at a date specified by your
teacher, you will be required to complete the extended response in class time.
Task rubric
You will be assessed on your ability to:
 complete all aspects of the webquest research in report form
 locate, select and organise legal information from a variety of sources including legislation, cases,
media, international instruments and documents
 discuss the role of domestic and international legal systems in initiating and responding to change
 demonstrate an understanding of the conditions that give rise to law reform, and the agencies and
mechanisms of law reform
 communicate legal information using a well-structured response.
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Legal Studies Stage 6 – Support Material
Marking guidelines
Criteria
Marks


21–25
















comprehensively answers all aspects of the webquest
comprehensively uses relevant legal information from a variety of
sources
demonstrates extensive knowledge of the role of domestic and
international legal systems in initiating and responding to change
demonstrates detailed understanding of the conditions that give rise to
law reform, the agencies and mechanisms of law reform
communicates information in a balanced and well-structured response
answers most aspects of the webquest
uses relevant legal information from a variety of sources
demonstrates detailed knowledge of the role of domestic and
international legal systems in initiating and responding to change
demonstrates an understanding of the conditions that give rise to law
reform, the agencies and mechanisms of law reform
communicates information in a structured response
answers most aspects of the webquest
uses legal information from sources
demonstrates knowledge of the role of domestic and/or international
legal systems in initiating and/or responding to change
demonstrates a limited understanding of the conditions that give rise to
law reform, the agencies and mechanisms of law reform
communicates some relevant information

answers some aspects of the webquest
uses legal information
demonstrates limited understanding of the role of domestic and
international legal systems in initiating and/or responding to change
may show some understanding of the conditions that give rise to law
reform and/or the agencies and/or mechanisms of law reform
communicates information


answers some aspects of the webquest
makes general statements about law reform

49
16–20
11–15
6–10
1–5
Legal Studies Stage 6 – Support Material
WEBQUEST
Using your own knowledge and the internet, complete the following webquest. Compile your answers
in a word document as you go. Give your document a heading and add your name and your teacher’s
name. Remember to save your work regularly.
Law reform is the process of changing the law. It is done for many reasons and considered by a
number of agencies of reform. It is then up to mechanisms such as courts and parliaments to
instigate the change.
1. CONDITIONS THAT GIVE RISE TO LAW REFORM
Go to www.hsc.csu.edu.au/legal_studies/crime/

Using examples, outline the following conditions that give rise to law reform:
– changing social values
– new concepts of justice
– new technology.
2. AGENCIES OF REFORM
a) Go to www.lawlink.nsw.gov.au/lrc






Outline the roles of courts and parliaments in law reform and describe their limitations.
Outline the role of the NSW Law Reform Commission.
Identify and outline the features of the NSW Law Reform Commission.
Identify FOUR current projects that the NSW Law Reform Commission is working on.
Construct a flow diagram to illustrate the steps in the law reform process in NSW.
Identify and describe the other organisations which are also ‘catalysts of change’ in NSW.
b) Go to www.alrc.gov.au/






When and why was the Australian Law Reform Commission established?
Outline the accountability of the Australian Law Reform Commission.
Why is it one of the most effective and influential agents of change in Australia?
Identify the aims of the Australian Law Reform Commission.
List FOUR areas that the Australian Law Reform Commission is currently working on.
Construct a flow diagram of a ‘typical inquiry’.
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Legal Studies Stage 6 – Support Material

Find and read a current case study. Name the case study and provide a brief outline of the case.
c) Go to: www.redcross.org.au
Australia
 Outline the mission of the Australian Red Cross as a non-governmental organisation.
 Watch the video on ‘Our Principles’ and list the fundamental principles of the organisation.
International
 When was the International Red Cross established and why?
 Outline the role of the International Red Cross today.
d) Go to any Australian newspaper website.


Identify THREE articles in the newspaper that are highlighting law
reform.
Provide:
- the headline
- the source and date
- a brief description of each.
3. MECHANISMS OF REFORM
a) Go to: www.liac.sl.nsw.gov.au
Go to Hot Topics online: The Australian legal system, No. 60, 2007.

Outline the role of the mechanisms of law reform
 legislature
 judiciary
 executive

Outline the impact of international law on Australian law.
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Legal Studies Stage 6 – Support Material
b) Go to: www.un.org/Pubs/CyberSchoolBus
Go to ‘The UN: An Introduction for Students. The UN System.’


Outline the limitations the UN has as a mechanism of change.
Identify ONE area of law reform in Australia where international law has had an impact.
c) Go to: europa.eu/abc/12lessons/index_en.htm




Why was there a need for the European Union?
How does the EU work and how many nationalities does it involve?
Identify FOUR policy areas that the EU is working for on behalf of its member states.
Outline the limitations the EU has as a mechanism of change.
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Legal Studies Stage 6 – Support Material
4.2 Preliminary course: Sample Assessment Task 2
Law in practice: Investigating a contemporary issue
Nature of task: Research and report
Weighting: 25%
Marks: 25
Outcomes to be assessed
P6:
explains the nature of the interrelationship between the legal system and society
P7:
evaluates the effectiveness of the law in achieving justice
P8:
locates, selects and organises legal information from a variety of sources including legislation,
cases, media, international instruments and documents
P9:
communicates legal information using well-structured responses
P10: accounts for differing perspectives and interpretations of legal information and issues
Task description
In order to complete this task you will be required to:
 select a contemporary issue
 research the legal and non-legal responses to this issue
 using criteria, evaluate the effectiveness of the legal and non-legal responses in achieving justice
in relation to this issue
 present your findings in the form of a report of no more than 1000 words.
Procedure
Using the research investigation proforma provided (see page 41) it is important to plan the allocation
of time so as to complete all the steps within the required time frame.
Complete all of Step 1 and then check the proposed issue with your teacher before moving on to
complete the rest of the steps.
Task rubric
You will be assessed on your ability to:
 identify a contemporary issue
 describe the legal and non-legal responses to this issue
 evaluate the effectiveness of these responses using criteria (some criteria are outlined in the
syllabus)
 present a logical, well-structured response using relevant legal information and ideas
 integrate a variety of sources and accounts for differing perspectives in the course of the
evaluation.
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Legal Studies Stage 6 – Support Material
Marking guidelines
Criteria


Marks
clearly identifies a contemporary issue
provides a detailed overview of the characteristics and features of legal and non-legal
responses to the issue
makes a sound judgement, using criteria, as to the effectiveness of the legal and nonlegal responses in achieving justice in relation to the issue
presents a sustained, logical and well-structured response in report format using
relevant legal information and ideas
integrates a variety of sources and accounts for differing perspectives
21–25
identifies a contemporary issue
provides a discussion of the characteristics and features of legal and non-legal
responses to the issue
makes a judgement, using criteria, as to the effectiveness of the legal and non-legal
responses in achieving justice in relation to the issue
presents a logical and well-structured response in report format using relevant legal
information and ideas
integrates sources and accounts for differing perspectives
16–20
identifies a contemporary issue
provides some characteristics and features of legal and non-legal responses to the
issue
includes some discussion as to the effectiveness of the legal and non-legal responses
in achieving justice in relation to the issue
presents a response in report format using relevant legal information and ideas
makes reference to some sources and/or some differing perspectives
11–15



identifies a contemporary issue and/or provides some characteristics and features of
legal and non-legal responses to the issue
makes reference to the effectiveness of the law in achieving justice
uses some relevant legal information and/or ideas
makes limited reference to sources and/or differing perspectives
6–10



makes a general statement about the law and/or justice in relation the issue
makes limited use of legal information and/or ideas
may make limited reference to sources and/or differing perspectives
1–5














________________________
Teacher’s signature
__________
Date
Student’s self-reflection:
What did I do well? _______________________________________________________________
What can I improve? ________________________________________________________________
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Legal Studies Stage 6 – Support Material
5
Sample HSC course program
Part 1 of the core: Crime
30% of course time
Principal focus: Through the use of a range of contemporary examples, students investigate criminal law, processes and institutions and the tension
between community interests and individual rights and freedoms.
Outcomes
H1. identifies and applies legal concepts and terminology
H2. describes and explains key features and the relationship between Australian and international law
H3. analyses the operation of the domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international
instruments and documents
H9. communicates legal information using well-structures and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of discretion in the criminal justice system
 issues of compliance and non-compliance in regard to criminal law
 the extent to which law reflects moral and ethical standards
 the role of law reform in the criminal justice system
 the extent to which the law balances the rights of victims, offenders and society
 the effectiveness of legal and non-legal measures in achieving justice.
Assessment tasks: Crime media file and issue research.
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Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
 describe the nature
of crime
Using examples from the media, discuss which news events are
considered criminal matters.
Discuss the meaning of crime, including:
– who decides what is a crime
– why some actions that were once considered criminal no longer fit
this definition (homosexuality, witchcraft, etc.)
– why some actions such as domestic violence have been
criminalised.
 the elements of crime: actus
reus, mens rea
Explanation of the terms actus reus and mens rea, outlining their
importance in criminal law. Use media articles to illustrate. Students
identify the actus reus and mens rea in a list of scenarios.
 strict liability offences
Brainstorm: Why is it not always necessary to have mens rea
present? Students consider exemptions of mental illness, age of
criminal understanding (doli incompax). Does this help to achieve
justice?
Define strict liability.
Discussion of why strict liability offences do not require mens rea,
and the implications for justice for victims, offenders and society.
 causation
Using cases such as R v Blaue [1975] 3 All ER 446, March v
Stramare (1991) 171 CLR 506 (internet search), explain causation.
 categories of crime (offences
against the person, offences
against the sovereign,
economic offences
(property/white
collar/computers), drug
Themes and challenges
Note: The Legal Information Access Centre (LIAC) from the State Library of NSW
has examples of cases, legislation, articles and research suggestions for students
available online. Students should be encouraged to visit their website throughout
the study of this topic.
1. The nature of crime
 the meaning of crime
Suggested teaching and learning strategies
 recognise the
different categories
of crime
Define categories of crime. Use examples from media reports and/or
cases to illustrate each. Form groups where students research each
crime category.
Quick quiz: Students match a list of crimes to their correct category.
56
 the extent to which law
reflects moral and
ethical standards
 the extent to which the
law balances the rights
of victims, offenders
and society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 define summary
and indictable
offences
Outline the essential differences between summary and indictable
offences.
Written response: a paragraph distinguishing summary and
indictable offences.
Students are given a list of crimes and they indicate the court
jurisdiction for each.
Resources: The Law Handbook, Redfern Legal Centre.
Themes and challenges
offences, driving offences,
public order offences,
preliminary crimes (attempts
and conspiracy)
 summary and indictable
offences
 parties to a crime including
principal in the first degree,
principal in the second
degree, accessory before the
fact, accessory after the fact
 factors affecting criminal
behaviour
Define parties to a crime and use news reports to illustrate.
Class discussion – why does the law differentiate between parties
involved in crimes?
Role-play: In groups of 4–5, students briefly devise and act out a
scenario indicating the different parties involved in a crime. The rest
of the class correctly identifies the involvement of each party.
 examine a range of
factors that may
lead to criminal
behaviour
Students list reasons why people choose not to break the law, eg fear
of punishment, against personal morality, etc
Discussion on factors that may lead to criminal behaviour (eg selfinterest, mental illness, religious/philosophical reasons).
Discuss why criminal offences like breaching copyright by
downloading material and speeding are common and widespread.
Examine a selection of media articles and/or cases and suggest
possible reasons for criminal behaviour
Resources: Media articles
Alternative Law Journal, June 2008 outlines the case of
R v Law & Ors [2008] NTCCA 4 (The Pine Gap 4), a
57
 issues of compliance
and non-compliance in
regard to criminal law
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
group of Christian pacifists who broke into Pine Gap for
religious reasons.
 crime prevention: situational
and social
 investigate a range
of situational and
social crime
prevention
techniques
Define situational and social crime prevention, noting as examples of
law reform.
Students list as many examples of situational crime prevention as
they can find (such as cameras above ATMs) and indicate where
these can be found. What situational crime prevention techniques can
be observed around the school?
Discussion and note-making on social crime prevention strategies,
such as anti-truancy and school student retention programs.
Class quiz/review of learning – nature of crime
Using the syllabus, students devise true/false questions, matching
terms quizzes, multiple-choice and short-answer questions to review
learning.
 the role of law reform
in the criminal justice
system
 discuss the powers
of police in the
criminal process
Guest speaker from NSW Police to explain police powers to students.
Discussion and note-making:
– recent changes to police powers and reasons for these
– the extent to which these changes reflect the standards of society
– the extent to which police powers are discretionary (eg whether to
investigate a crime, whether to give a warning or arrest, choice of
charges)
– to what extent these powers maintain a balance between victims
and accused.

the extent to which law
reflects moral and
ethical standards

the role of discretion in
the criminal justice
system
2. The criminal investigation
process
 police powers
Extension work: Discuss police powers in relation to terrorism.
Examples could include the treatment of Dr Haneef, and special
powers for the APEC conference in 2008.
Resources: www.lawlink.nsw.gov.au,
The Law Handbook, Redfern Legal Centre
58
 the extent to which the
law balances the rights
of victims, offenders
and society
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Written response: Students brainstorm a scaffold and individually
complete the following:
‘Discuss the powers of police in the criminal process’.
Support your answer with examples from media, cases, legislation
and/or reports.
 reporting crime
 investigating crime:
– gathering evidence
 examine the
reporting and
investigating of
crime
– use of technology
Mind map the steps involved in reporting and investigating crime, to
be completed by the end of this section.
Resources: www.police.nsw.gov.au, Acts and legislation, Code of
Practice for CRIME (custody, rights, investigation,
management and evidence).
The Law Handbook, Redfern Legal Centre outlines the
process of police powers, arrest, interrogation and bail.
The NSW Bureau of Crime Statistics website
www.bocsar.nsw.gov.au has interesting data available
for this topic.
Brainstorm: What is the role of technology in criminal
investigations? Compare the TV version with the reality. Students
consider cost (resource efficiency), reliability, the rights of the
accused, the victim and society.
Media research: Students look at cases such as
R v Boney (unreported, Moree District Court, 20 October 2000) and
consider the role of DNA testing. Students consider the balance
between the rights of the victims, offenders and society, and the role
of law reform as technology evolves.
 arrest and charge, summons,
warrants
– search and seizure
– use of warrants
 discuss the powers
of police in the
criminal process
Define arrest, charge, summons, warrants.
Guest speaker from NSW Police to explain arrest process.
Examine the laws regarding search and seizure and consider the role
of police discretion.
59

the role of discretion in
the criminal justice
system
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Construct a scaffold for the topic:
Discuss the extent to which laws regarding search and seizure
balance the rights of the accused, victims and society. Support your
answer with specific evidence from media, cases, legislation and/or
reports.
 bail or remand
 detention and interrogation,
rights of suspects
Define and outline the role of bail and remand.
Media file to examine articles and cases which illustrate examples of
remand, bail and law reform.
 the extent to which law
reflects moral and
ethical standards
Discuss the legal requirements from the point of view of achieving a
balance between the rights of the victim, offender and society, and
the role of discretion.
Debate or forum topic: Bail should always be allowed under the
presumption of innocence.
 the role of discretion in
the criminal justice
system
Examine the regulations regarding detention and interrogation, and
 assess the
effectiveness of the the rights of suspects. To what extent do these regulations balance the
rights of victims, offenders and society?
criminal
investigation
process as a means
of achieving justice
Extension work: Students compare the rights of the offender under
the criminal investigation process with those suspected of terrorist
activities. In a table form, highlight the differences, and account for
these differences.
Written response: Demonstrating integration of critical analysis,
construct a scaffold for the following:
‘Assess the effectiveness of the criminal investigation process as a
means of achieving justice’. Use examples of cases, legislation,
media reports or documents to support your answer.
60
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Resources: The Law Handbook, Redfern Legal Centre
Hot Topics, No. 58, Terrorism, 2006
www.police.nsw.gov.au, Acts and legislation, Code of
Practice for CRIME (custody, rights, investigation,
management and evidence)
www.bocsar.nsw.gov.au NSW Bureau of Crime
Statistics
Forensic services group – NSW police force
www.police.nsw.gov.au/about_us/structure/specialist_
operations/forensic_services
Forensic scientists
www.policensw.com/info/forensic/forensic1.html
Crimes (Forensic Procedures) Act 2000
www.austlii.edu.au/au/legisl/nsw/consol_act
 the effectiveness of
legal and non-legal
measures in achieving
justice
 the extent to which law
reflects moral and
ethical standards
Class quiz: Review the criminal investigation process through the
use of multiple-choice, true/false questions, matching terms and
short-answer questions.
3. Criminal trial process
 court jurisdiction
 describe the role of
courts in the
criminal justice
process
Pre-test: Students complete a blank court hierarchy and personnel
diagram from memory of the Preliminary course. Courts should
include: coroners, children’s, drug court, youth drug court, local,
district and supreme court. This is checked against the correct
version, and students make any adjustments necessary.
 the adversary system
Brainstorm and construct a table indicating the advantages and
disadvantages of the adversarial system in achieving justice. Consider
resource efficiency, truth as an aim, the passive nature of judges who
are not able to interview witnesses (as opposed to inquisitorial
system), transparency of the process, jury by peers.
 legal personnel:
Extension work: Make a comparison between the adversarial and
61
 role of discretion in the
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
magistrate, judge, police
prosecutor, Director of
Public Prosecution, Public
Defenders
 pleas, charge negotiation
Suggested teaching and learning strategies
inquisitorial systems.
Research: Investigate the role of legal personnel in the criminal trial
and construct a mind map that will assist in revision.
Resources: www.odpp.nsw.gov.au
www.lawlink.nsw.gov.au
 discuss the use of
the adversary
system as a means
of achieving justice
Themes and challenges
criminal justice system
 the extent to which law
balances the rights of
victims, offenders and
society
Teacher outlines the purpose of pleas, and defines charge bargaining.  the role of discretion in
Students consider the advantages and disadvantages to charge
the criminal justice
bargaining and construct a table to illustrate. Students may wish to
system
consider resource efficiency, role of discretion, rights of victims and
accused, community expectations, and to what extent charge
negotiation achieves justice.
Resources: The Law Handbook, Redfern Legal Centre
‘Too many plea bargains: Assoc’, Police News, Journal
of the NSW Police Association, February 2008.
The submission from the NSW Police Association to the
NSW Sentencing Council regarding sentence discounts
www.pansw.org.au/Plea_Bargaining.pdf
 legal representation,
including legal aid
 examine the role of
legal
representation in
the criminal trial
Guest speaker from Law Society.
Research the role of legal representation in the criminal trial,
including the responsibilities of legal representatives, who is entitled
to legal representation, and the role of and eligibility for legal aid.
Resources: The Law Handbook, Redfern Legal Centre
Hot Topics, No. 46, You and Your Lawyer, 2004
www.legalaid.nsw.gov.au
 the role of law reform
in the criminal justice
system
the extent to which the
law balances the rights
of victims, offenders
and society
 burden and standard of proof
Outline the burden and standard of proof and explain their
importance to the criminal trial process.
Resources: The Law Handbook, Redfern Legal Centre
 the extent to which law
reflects moral and
ethical standards
 use of evidence, including
Examine the rules of evidence summary page provided in The Law
 the role of law reform
62
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
witnesses
 defences to criminal charges:
– complete defences
– partial defences to murder
Suggested teaching and learning strategies
Handbook and brainstorm reasons as to why these rules exist.
Students also consider examples of law reform in this area such as
changes to how victims of sexual assault or domestic violence may
give evidence, and how these rules balance the rights of victims,
offenders and society.
 assess the use of
defences to
criminal charges in
achieving justice
Brainstorm the purposes of criminal defences, and define complete
and partial defences. Use examples from media articles. Include the
defences of mental illness, self-defence, consent, necessity, duress,
provocation, substantial impairment of responsibility.
Themes and challenges
in the criminal justice
system
 the role of law reform
in the criminal justice
system
 the extent to which the
law balances the rights
of victims, offenders
and society
Research examples of cases where defences have been used, and
discuss any controversies in terms of society’s expectations or
victim’s rights. Consider any examples of recent or suggested law
reform.
Written response: Scaffold as a class and write an individual
response to:
‘Using examples of cases, legislation, media or reports, assess the use
of defences to criminal charges in achieving justice.’
Resources: The Law Handbook, Redfern Legal Centre
www.lawlink.nsw.gov.au
media file
www.legalanswers.sl.nsw.gov.au/students_teachers/
 role of juries, including
verdicts
 evaluate the
effectiveness of the
jury system in the
criminal trial
 assess the
Pre-test/review of earlier work: what is the role of the jury in a
 the extent to which the
criminal trial? Who is eligible for jury duty? Discuss advantages and
law balances the rights
disadvantages of the jury system.
of victims, offenders
Research jury law reform, such as majority verdicts in NSW criminal
and society
trials, and examine controversial contemporary cases involving juries
63
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
effectiveness of the
criminal trial
process as a means
of achieving justice
4. Sentencing and
punishment
 statutory and judicial
guidelines
 the purposes of punishment:
deterrence (specific and
general), retribution,
rehabilitation, incapacitation
 factors affecting a sentencing
decision: aggravating and
mitigating circumstances
 the role of the victim in
sentencing
 discuss factors that
affect sentencing
decisions,
including the
purposes of
punishment and the
role of the victim
Suggested teaching and learning strategies
Themes and challenges
(could include the Skaf case, K Brothers case, first aborted Gordon
Wood trial, district court trial aborted due to jury playing sudoku).
Examine recent examples of law reform or proposed law reform and
consider the extent to which the law balances the rights of victims,
offenders and society.
Scaffold the following as a class, and students research and locate
relevant cases, legislation, media/reports. Discuss findings in class.
Students then write an individual response to:
‘Evaluate the effectiveness of the jury system in the criminal trial.
Support your answer with cases, legislation, media reports and/or
other reports.’
Differentiate between statutory and judicial guidelines, and outline
the purposes of each. Discuss the reasons for the use of guidelines,
and their strengths and limitations.
 the extent to which law
reflects moral and
ethical standards
Outline the differing purposes of punishment.
Discuss, using examples of cases and media reports, the purpose of
punishments given.
Define aggravating and mitigating factors.
Discuss reasons why these may be considered in sentencing.
Examine cases where aggravating and mitigating factors have been
considered in sentencing.
Outline the changing role of the victim in sentencing, including the
introduction of victim impact statements and the Charter of Rights.
Discuss reasons for this changing role of victims.
Examine websites of support groups for victims of crime.
Resources: www.lawlink.nsw.gov.au/voc
64
 the role of discretion in
the criminal justice
system
 the extent to which the
law balances the rights
of victims, offenders
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
and society
 appeals
 types of penalties including:
no conviction recorded,
caution, fine, bond,
suspended sentence,
probation, criminal
infringement notice, penalty
units, community service
order, home detention,
periodic detention, forfeiture
of assets, imprisonment,
diversionary programs
 alternative methods of
Review the purpose and process of appeals.
Discuss, using examples, the role of appeals as an effective tool for
justice for victims, offenders and society
Resources: Hot Topics, No. 55, Sentencing, 2005
 evaluate the
effectiveness of
different types of
penalties, including
diversionary
programs
 assess the roles of
Class summary: Using butcher’s paper, students work in pairs to
define each type of penalty, and identify the types of crimes or
offender where these penalties may be appropriately used. Students
also identify relevant cases, legislation or media for each. Students
present their findings to the class, and students/teacher offer
additional suggestions/corrections as well advantages and
disadvantages of each penalty.
Students, in pairs, devise five multiple-choice, or mix-and-match
questions to be shared with the class.
Group work: Provide students with a variety of crime scenarios.
Students recommend the penalty to be given based on their
knowledge and understanding of the law and justify their decision to
the class.
 the issues of
compliance and noncompliance
Brainstorm an extended response:
Evaluate the effectiveness of different types of penalties, including
diversionary programs. Consider the criteria to be used to evaluate
this question, and the role of law reform. Cases, media, legislation or
reports should also be used to support the response.
Resources: Hot Topics, No. 55, Sentencing, 2005
Gruseit, Forell, McCaron, Taking Justice Into Custody,
The Legal Needs of Prisoners, Law and Justice
Foundation, 2008.
The Law Handbook, Redfern Legal Centre.
Media search.
 the role of law reform
in the criminal justice
system
Outline alternative methods of sentencing. Consider reasons why
 the effectiveness of
65
Legal Studies Stage 6 – Support Material
Students learn about:
sentencing including circle
sentencing, restorative
justice
Students learn to:
alternative
methods of
sentencing
Suggested teaching and learning strategies
these have been increasingly used in the criminal justice system,
including the high rates of recidivism and the failure of existing
punishment.
Examine media and cases to assess the role of alternative methods of
sentencing as a way of achieving justice.
Resources: Crime Prevention Circle Sentencing Factsheet,
www.lawlink.nsw.gov.au/lawlink/cpd/ll_cpd.nsf/pages/
CPD_projects
‘Inside the Circle’, Four Corners, ABC, 2005.
Hot Topics, No. 55, Sentencing, 2005
Media search.
 post-sentencing
considerations, including
security classification,
protective custody, parole,
preventative detention,
continued detention, sexual
offenders registration,
deportation
 examine the
implications of
post-sentencing
considerations in
achieving justice
 evaluate the
effectiveness of
sentencing and
punishment as a
means of achieving
justice
Describe post-sentencing decisions and outline how and why these
are used. Include the role of law reform, and the influence of the
media.
Discuss the implications for achieving justice for victims, offenders
and society. Support discussion with reference to cases, legislation,
media and reports.
Debate: ‘When considering sentencing and punishment, the
protection of society is more important than the rights of individuals’.
Resources: Hot Topics, No. 55, Sentencing, 2005
Gruseit, Forell, McCaron, Taking Justice Into Custody,
The Legal Needs of Prisoners, Law and Justice
Foundation, 2008
www.lawlink.nsw.gov.au
http://www.austlii.edu.au/au/journals/UWSLawRw/
www.smh.com.au
The Law Handbook, Redfern Legal Centre
Written response: Scaffold and complete an extended response on
the following:
‘Evaluate the effectiveness of sentencing and punishment as a means
66
Themes and challenges
legal and non-legal
measures in achieving
justice
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
of achieving justice’. Use cases, legislation, media and reports to
support your answer.
Review: multiple-choice, matching terms, true/false and short answer
questions.
5. Young offenders
 age of criminal responsibility  discuss the issues
surrounding the
age of criminal
 rights of children when
responsibility
questioned or arrested
Examine the age of criminal responsibility (doli incompax), and note
the differences in court reporting, procedures and operation.
Use media to examine current issues, particularly regarding young
offenders and violent crime, and areas of law reform.
 the extent to which the
law reflects moral and
ethical standards
 Children’s Court –
procedures and operation
 penalties for children
 alternatives to court
 explain why young
offenders are
treated differently
in the criminal
justice system
Explain the reasons for the differences in treatment of, and penalties
for, adults and young offenders. Discuss the extent to which these
differences balance the rights of victims, offenders and society.
Investigate and report back to class about alternatives to court such
as diversionary schemes.
 the extent to which the
law balances the rights
of victims, offenders
and society
 assess the
effectiveness of the
criminal justice
system when
dealing with young
offenders
Scaffold the following in class and model an introduction and
conclusion. Students to write an individual response to:
‘Assess the effectiveness of the criminal justice system when dealing
with young offenders’. Support your answer with examples from
media, cases, legislation and/or reports.
Resources: NSW Commission for Children and Young People
www.kids.nsw.gov.au
NSW Attorney General www.lawlink.nsw.gov.au
NSW Department of Juvenile Justice
www.djj.nsw.gov.au
Children and Young People, Reform, Winter 2008, Issue
92, ALRC
Hot Topics, No. 49, Juvenile Justice, 2004.
Four Corners, 2009, Kids Doing Time,
www.abc.net.au/4corners/special_eds/20090824/juvenil
es
 the effectiveness of
legal and non-legal
measures in achieving
justice
67
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 define international
crime
 describe the
various measures
used to deal with
international crime
Using a range of media articles on international crime, brainstorm a
 the extent to which law
definition of international crime and its characteristics. Categorise
reflects moral and
these crimes.
ethical standards
Pre-test (from the Preliminary course) the international legal system
and the limitations sovereignty places on measures aimed at resolving
international criminal issues.
6. International crime
 categories of international
crime, including:
– crimes against the
international community
– transnational crimes
 dealing with international
 evaluate the
crime:
effectiveness of the
– domestic and international
domestic and
measures
international legal
– limitations
systems in dealing
with international
crime
Describe the legal measures available to deal with international
crime. Devise a webquest on the international legal system.
Using case studies, discuss the effectiveness of the domestic and
international legal systems in dealing with international crime.
Debate the topic:
‘The international legal system is ineffective in dealing with
international crime’.
Review: Students devise multiple-choice questions, short-answer
questions and longer responses based on the Crime syllabus, post on
the school intranet and test themselves.
Resources: Joyner, C 2005, International law in the 21st century:
rules for global governance, Rowman and Littlefield,
Lanham, MD.
Hot Topics, No. 69, International Law, 2009.
Extension reading (Literacy): Robertson, G 2006,
Crimes against humanity: the struggle for global justice,
3rd edn, The New Press, NY.
www.un.org
www.theguardian.co.uk
Websites for the International Court of Justice,
International Criminal Court, War Crimes Tribunal of
Former Yugoslavia, Rwanda.
68
 issues of compliance
and non-compliance in
regard to criminal law
 the extent to which the
law balances the rights
of victims, offenders
and society
Legal Studies Stage 6 – Support Material
Part II of the core: Human rights
20% of course time
Principal focus: Through the use of a range of contemporary examples, students investigate the notion of human rights and assess the extent to which
legal systems embody such human rights and promote them in practice.
Outcomes
H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and international law
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international
instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the changing understanding of the relationship between state sovereignty and human rights
 issues of compliance and non-compliance in relation to human rights
 the development of human rights as a reflection of changing values and ethical standards
 the role of law reform in protecting human rights
 the effectiveness of legal and non-legal measures in protecting human rights.
Assessment: Human rights research task.
69
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 the definition of human
rights
 define human rights
Students develop a list of human rights. Compile and categorise on
board.
Develop definition of human rights.
Internet/media research – find examples of current human rights
abuses.
Resource: Fleiner, T 1999, What Are Human Rights?, The
Federation Press, Sydney
 developing recognition of
human rights
– the abolition of slavery
– trade unionism and
labour rights
– universal suffrage
– universal education
– self-determination
– environmental rights
– peace rights
 outline how human
rights have changed
and developed over
time
 investigate the
evolving recognition
and importance of
universal human
rights
Make notes on the development of human rights over time. Cover
each specific area, explaining how each contributed to the
development of human rights. Construct a timeline.
Resource: Hot Topics, No. 65, Human Rights, 2008.
Discussion of the development of human rights. Group activity on
each – develop PowerPoint to present to class/class worksheets.
Cite examples of music being used to increase awareness of
different human rights, eg Bob Marley, U2, Midnight Oil.
Writing task: ‘You are imprisoned on a slave ship. Explain what
era you are living in. List the basic rights that you have lost. Do
you have any rights at all? What can you do?’
 formal statements of
human rights
– Universal Declaration
of Human Rights
 examine major
human rights
documents and
explain their
contribution to the
development of
human rights
Brief examination of each document. Identify major
characteristics/informal discussion of content.
Develop a summary/table with a brief overview of the purpose and
nature of human rights documents.
Themes and challenges
1. The nature and
development of human
rights
– International Covenant
on Civil and Political
70
 the development of
human rights as a
reflection of changing
values and ethical
standards
 role of law reform in
protecting human rights
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Rights
– International Covenant
on Economic, Social
and Cultural Rights
2. Promoting and
enforcing human
rights
In the international
community:
 state sovereignty
 assess the role of
state sovereignty in
promoting and
enforcing human
rights
Discuss and define the concept of state sovereignty and its
implications for the promotion and protection of human rights.
Media search: Find current examples illustrating the exercise of
state sovereignty – check UN website www.un.org, local news
stations, major newspapers.
Briefly respond to the question: ‘How can state sovereignty
impact on the enforcement of human rights?’
 the changing
understanding of the
relationship between
state sovereignty and
human rights
 the roles of:
– the United Nations
– intergovernmental
organisations
– courts, tribunals and
independent statutory
authorities
– non-government
organisations
– the media
 evaluate the
effectiveness of
international
responses in
promoting and
enforcing human
rights
Investigate and make notes on the role of each of the listed
organisations.
Assess the effectiveness of the various responses in promoting and
enforcing human rights. Refer to contemporary examples
wherever appropriate.
Resources: Human Rights Watch www.hrw.org.
Amnesty International – refer to CD/DVD and
website www.amnesty.org.
Time magazine.
 issues of compliance and
non-compliance in
relation to human rights
In Australia:
 the incorporation of
human rights into
domestic law
 outline how human
rights are
incorporated into
Australian domestic
law
Investigate how human rights are protected in Australia. Cover a
 the development of
range of sources, eg the Constitution, statute law and common law,
human rights as a
with specific examples of each such as the Constitution, s 116 –
reflection of changing
freedom of religion; anti-discrimination legislation; rights
values and ethical
contained in common law, eg implied right to legal representation
standards
71
Legal Studies Stage 6 – Support Material
Students learn about:
 the roles of:
– the Constitution,
including division of
powers and separation
of powers
– statute law
– common law
– courts and tribunals
– non-government
organisations
– the media
– Charter of Rights
(arguments for and
against)
Students learn to:
 evaluate the
effectiveness of
Australian responses
in promoting and
enforcing human
rights
 discuss the
arguments for and
against a Charter of
Rights for Australia
Suggested teaching and learning strategies
(Dietrich v the Queen [1992] HCA 57; (1992) 177 CLR 292).
Consider the roles of:
– courts and tribunals, eg High Court decisions, Refugee
Review Tribunal (RRT).
– NGOs, eg Red Cross, Amnesty International, etc.
– the media. The focus here is on how the media portrays
human rights abuses. Students should be encouraged to read
daily newspapers and find relevant human rights examples.
Consider the nature and purpose of a Charter of Rights.
Compare and contrast with other jurisdictions.
Themes and challenges
 the role of law reform in
protecting human rights
 the effectiveness of legal
and non-legal measures
in protecting human
rights
Debate: ‘Australia needs a Charter of Rights’.
Resources: Hot Topics, No. 65, Human rights, 2008.
Australian Human Rights Commission
www.humanrights.gov.au.
Julian Burnside 2007, Watching Brief: Reflections on
Human Rights, Law and Justice, Scribe Publications,
Melbourne
Legal Date, Vol 8, No. 2
blog.sl.nsw.gov.au/hsc_legal_studies
3. Investigate a
contemporary issue
which illustrates the
promotion and/or
enforcement of human
rights
 Issues could include:
– genocide
– treatment of refugees
– asylum seekers
 investigate a
contemporary
human rights issue
and evaluate the
This section could be completed as an individual
research/assessment task, as group work where each group
investigates a different topic, or as an oral/class presentation.
Please note, although only one issue needs to be investigated,
72
 the changing
understanding of the
relationship between
state sovereignty and
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
–
–
–
–
–
–
–
effectiveness of
legal and non-legal
responses to the
issue
child soldiers
abuse of children
torture
capital punishment
arbitrary detention
religious discrimination
discrimination against
women
– exploitation of workers
– human trafficking and
slavery
– limitations on free
speech
Suggested teaching and learning strategies
students may investigate more than one.
Themes and challenges
human rights
In investigating a contemporary human rights issue, the following
should be covered:
– the nature of the issue
– the extent and scope of the issue
– legal responses – nature and effectiveness, international
and/or domestic
– non-legal responses – nature and effectiveness, international
and/or domestic
– future directions.
 issues of compliance and
Research starting points may include:
– www.hrw.org
– www.un.org
– www.humanrights.gov.au
– Hot Topics
– Legal Studies Assist
– Issues in Society
– Alternative Law Journal
– Legal Briefs (Journal of the Legal Studies Association of
NSW)
– UN Cyberbus and the Red Cross have relevant resources such
as webquests and interactive sites
– www.legalanswers.sl.nsw.gov.au/students_teachers/
– http://blog.sl.nsw.gov.au/hsc_legal_studies
 the role of law reform in
protecting human rights
73
non-compliance in
relation to human rights
 the development of
human rights as a
reflection of changing
values and ethical
standards
 effectiveness of legal and
non-legal measures in
protecting human rights
Legal Studies Stage 6 – Support Material
Option 1: Consumers
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the legal rights of consumers and the effectiveness of the law in
achieving justice for consumers.
Outcomes
H1. identifies and applies legal concepts and terminology
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international
instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of the law in encouraging cooperation and resolving conflict in regard to consumers
 issues of compliance and non-compliance
 laws relating to consumers as a reflection of changing values and ethical standards
 the role of law reform in recognising the rights of consumers
 the effectiveness of legal and non-legal responses in achieving justice for consumers.
Assessment: Writing task.
74
Legal Studies Stage 6 – Support Material
Students learn about:
1. Nature of consumer
law
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 the developing need for
consumer protection
 the definition of
consumer
 outline the developing
need for consumer
protection
Define consumer (refer to Trade Practices Act 1974 (Cth); Fair
Trading Act 1987 (NSW)) and develop an overview of the
development of consumer law.
Resource: www.austlii.edu.au
Activity: How shopping has changed over time. Complete a web
search.
Discuss changes from village market to shopping mall.
Complete table comparing similarities and differences in such things
as packaging, opportunities for inspection/testing, range of products
etc.
Implications of change: for consumers, the role of the state, laissezfaire, caveat emptor, the level of regulation.
 laws relating to
consumers as a
reflection of changing
values and ethical
standards
 objectives of consumer
laws
 contracts – types,
elements, terms,
exclusion clauses
 the role of the law in
encouraging
cooperation and
resolving conflict in
regard to consumers
 outline the objectives
of consumer law
Brainstorm life as a consumer 150, 50 and 10 years ago.
Class discussion: Why consumers need protection/objectives of
consumer law.
Define a contract. Identify elements of a legally binding contract.
 examine the nature,
Examine case law such as Carlill v Carbolic Smoke Ball Company
function and
regulation of contracts [1893] 1 QB 256.
Differentiate between written, oral and implied contracts. (Most
everyday contracts are implied, ie there is no discussion with regard
to contractual terms, etc.)
Use case examples such as Balmain New Ferry Co Ltd v Robertson
(1906) 4 CLR 379.
Role-play a range of simple consumer contracts.
Discuss the nature of contractual terms – express and implied;
conditions and warranties. Use shopping scenarios to develop a
practical application of the key terms.
75
 issues of compliance
and non-compliance
Legal Studies Stage 6 – Support Material
Students learn about:
 standard implied by
statutes
 unjust contracts:
common law and
statutory protection
 the role of negligence
in consumer protection
 regulation of marketing
and advertising:
statutory protection,
non-statutory controls
on advertising
Students learn to:
Suggested teaching and learning strategies
Define the nature and purpose of exclusion clauses; discuss legal
protections in their application (Thornton v Shoe Lane Parking Ltd
[1971] 2 QB 163).
Resources: www.artslaw.com.au; www.business.gov.au
Class discussion on how consumers can be protected when they have
entered into a contract. Draw on personal experiences.
Consider the role of courts in the development of implied terms, eg
merchantable quality.
Examine the role of parliament with respect to implied terms – refer
to Trade Practices Act 1974 (Cth) (TPA), Fair Trading Act 1987
(NSW) (FTA), and Sale of Goods Act 1923 (NSW).
Class discussion: The individual v the corporation. To what extent is
there an imbalance of power? Link to fairness, and the role of the law
in redressing inequality.
Common law and statutory protection. Use case examples such as
Commercial Bank of Aust Ltd v Amadio (1983) 151 CLR 447; and
legislation such as Contracts Review Act 1980 (NSW) and the TPA.
Students could consider duress, undue influence, unconscionability
and difficulties faced by vulnerable groups.
Examine the case of Donoghue v Stevenson [1932] AC 562. Examine
the importance of the development of the law of negligence for
consumer protection. Refer to contemporary examples – media
search.
Consider the Civil Liability Act 2002 (NSW) – initiate a debate or
discussion on the balance between an individual’s rights to sue and
the need to discourage overzealous litigation.
Investigate the impact of modern marketing techniques on the
 evaluate the
consumer, and discuss the increasing need for consumers to be
effectiveness of the
protected via the regulation of marketing and advertising.
regulation of
marketing, advertising Examine statutory protection such as Trade Practices Act. Mention
the role of the Australian Competition and Consumer Commission
and product
76
Themes and challenges
 the role of the law in
encouraging
cooperation and
resolving conflict in
regard to consumers
 laws relating to
consumers as a
reflection of changing
values and ethical
standards
 the role of law reform
in recognising the
rights of consumers
 issues of compliance
and non-compliance
Legal Studies Stage 6 – Support Material
Students learn about:
 occupational licensing
Students learn to:
certification in
achieving consumer
protection
Suggested teaching and learning strategies
(ACCC) and the Office of Fair Trading (OFT). Refer to relevant
cases such as Eveready Australia Pty Limited v Gillette Australia Pty
Limited [1999] FCA 1824.
Examine non-statutory controls such as Advertising Standards
Bureau. Find current examples.
Develop a concept map to summarise; use case examples
Writing task: ‘Assess the effectiveness of the regulation of
marketing and advertising in achieving consumer protection.’ Ensure
students integrate relevant examples into their response.
Resources: www.accc.gov.au
www.fairtrading.nsw.gov.au
www.austlii.edu.au
www.advertisingstandardsbureau.com.au
Define occupational licensing. What is its purpose? (Consider
 examine the role of
occupational licensing different types of regulation.)
in achieving consumer Phone book search: Find names of professional/licensing
organisations and determine who is regulated. Each student chooses a
protection
different one.
Discuss advantages and disadvantages of occupational licensing.
Develop a table and refer to specific examples.
Resources: www.icac.nsw.gov.au (corruption risks in occupational
licensing).
www.parliament.nsw.gov.au
www.fairtrading.nsw.gov.au
Themes and challenges
 the effectiveness of
legal and non-legal
responses in achieving
justice for consumers
Review activities: scaffold writing, trivia game, matching terms.
2. Consumer redress
and remedies
 awareness and self-help  recognise the
importance of
 state government
awareness and self
organisations
Determine the meaning of redress and remedies.
List and make brief notes on the range of organisations and
institutions which may be of assistance to the consumer:
77
 the role of the law in
encouraging
cooperation and
Legal Studies Stage 6 – Support Material
Students learn about:
 federal government
organisations
 industry organisations
 the role of tribunals
and courts
 the role of nongovernment
organisations
 the role of the media
 consumer remedies:
individual and society
Students learn to:
help
–
 examine the range of
different remedies
available to
consumers
–
 evaluate the
effectiveness of nonlegal and legal
measures in achieving
justice for consumers
–
–
Suggested teaching and learning strategies
state bodies such as the Office of Fair Trading (OFT) and the NSW
Consumer Trader and Tenancy Tribunal (CTTT)
federal bodies such as the Australian Competition and Consumer
Commission; the Banking and Financial Services and the
Telecommunications Ombudsman; the Australian Securities and
Investment Commission (ASIC)
non-government organisations such as the Australian Consumers
Association, (and Choice magazine); the NRMA, Arts Law Centre
for Australia
the courts at state and federal level.
Consider the order in which each strategy might be employed and
distinguish between legal and non-legal responses.
Collect pamphlets and/or brochures and/or fact sheets from internet
and media sources to illustrate the activities of a range of
organisations whose aim is to assist consumers. (The OFT is a good
starting point.)
Through the use of scenarios, illustrate typical consumer problems.
Investigate how best to resolve the problem. For example:
Jane wanted a special gift for her father’s birthday. As he was a
keen fan, she purchased a supporter’s jersey from the club for
$150. Unfortunately, after only a few washes, the colours faded
and some of the stitching began to come loose.
Investigate the effectiveness of the remedies and methods of redress
that are available to consumers such as Jane who believe their rights
have been infringed by either manufacturers or suppliers of goods or
services.
Students should include:
– an outline of the various avenues of redress, both legal and nonlegal
– details about the different remedies available to consumers
78
Themes and challenges
resolving conflict in
regard to consumers
 issues of compliance
and non-compliance
 laws relating to
consumers as a
reflection of changing
values and ethical
standards
 the role of law reform
in recognising the
rights of consumers
 the effectiveness of
legal and non-legal
responses in achieving
justice for consumers
 the role of the law in
encouraging
cooperation and
resolving conflict in
regard to consumers
 laws relating to
consumers as a
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
– a judgement as to the effectiveness of both legal and non-legal
responses in dealing with the matter.
Themes and challenges
reflection of changing
values and ethical
standards
Review content through the development of a flow chart for
consumer action to gain redress.
Examine the two-tiered nature of consumer protection – redress for
the individual and the role of the law in protecting all
consumers/society in general. Investigate the function of the ACCC
in this area.
Resources: www.moneystuff.net.au
www.treasury.gov.au (a consumer redress study).
www.accc.gov.au
3. Contemporary
issues concerning
consumers
Issues that must be
studied include:
 credit
 identify and
investigate these
contemporary issues
involving the
protection of
consumers and
evaluate the
effectiveness of legal
and non-legal
responses to these
issues
Define credit and explain why it can be problematic for consumers.
Summarise the main provisions of the Credit Act 1984 (NSW) and
the Consumer Credit Code.
Consider aspects of credit such as interest rates, security,
repossession, terms of credit contract, etc.
Role-play credit scenario. Introduce difficulties such as the need to
reduce payments. Discuss the legal protection and remedies available
79
 the role of the law in
encouraging
cooperation and
resolving conflict in
regard to consumers
 issues of compliance
and non-compliance
Legal Studies Stage 6 – Support Material
Students learn about:
 product certification
 marketing innovations
Students learn to:
Suggested teaching and learning strategies
to the credit consumer.
Discuss the non-legal source of assistance for a credit consumer
(eg credit line)
Themes and challenges
 laws relating to
consumers as a
reflection of changing
values and ethical
standards
 the effectiveness of
legal and non-legal
responses in achieving
justice for consumers
Summarise the legal and non-legal response in table form and
evaluate the effectiveness of these responses in protecting credit
consumers.
Use music to aid recall – songs such as ‘Money’ by the Beatles.
Define product certification (ie a means of demonstrating that a
product, process, or service satisfies specified requirements).
Class discussion: Why do we need standards? How have standards
changed over time? Refer to specific examples such as food,
children’s toys, etc.
Investigate examples of laws which impose product
certification/product standards. Outline non-legal responses available.
Evaluate the legal and non-legal responses.
 the effectiveness of
Notemaking: On the adequacy of legally imposed product
legal and non-legal
certification and standards.
responses in achieving
Refer to international standards as a benchmark for evaluation.
justice for consumers
Resources: www.austrade.gov.au
www.buyerbefair.org
www.gbca.org.au
Brainstorm range of marketing innovations (new methods of
marketing products).
Explain the need for consumer protection in this area.
Investigate examples of the regulation of new methods of marketing
and evaluate the legal and non-legal responses. Consider direct
marketing regulations as a focus study (amendments to the Fair
Trading Act).
80
Legal Studies Stage 6 – Support Material
Students learn about:
 technology
Students learn to:
Suggested teaching and learning strategies
Consider the need for further law reform in this area.
Field study: Local shopping centre. Survey of marketing practices
including refund policies. How many stores seem to breach laws?
Consider the following questions in class discussion. Summarise the
main points raised for each:
– How has technology impacted on consumers? In what way has this
generated a need for consumer protection?
– What have been the legal and non-legal responses to the issues of
technology and consumer protection?
– How adequate have these responses been? Consider the impact of
globalisation and the internet.
– Debate the relevance of caveat emptor in the contemporary global
world.
– What further reform may be needed to meet future challenges
posed by technological change?
Extension considerations: The extent to which the law should
regulate human or business behaviour in order to protect consumers.
Writing task: ‘Assess the responsiveness of legal and non-legal
responses in protecting consumers.’
81
Themes and challenges
 the role of law reform
in recognising the
rights of consumers
Legal Studies Stage 6 – Support Material
Option 2: Global environmental protection
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the effectiveness of legal and non-legal processes in promoting and
achieving environmental protection.
Outcomes
H1. identifies and applies legal concepts and terminology
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international
instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the impact of state sovereignty on international cooperation and the resolution of conflict in regard to environmental protection
 issues of compliance and non-compliance
 the impact of changing values and ethical standards on environmental protection
 the role of law reform in protecting the global environment
 the effectiveness of legal and non-legal responses in protecting the environment.
Assessment: Written response.
82
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
 define global
environmental protection
 outline the development of
global environmental law
Define global environmental protection using media reports
to highlight issues.
Themes and challenges
1. The nature of global
environmental
protection
 the definition of global
environmental protection
 the development of global
environmental law
 the need for global
environmental protection
 the importance of
ecologically sustainable
development: biodiversity,
intergenerational equity,
intragenerational equity, the
precautionary principle
Construct a basic timeline of global environmental law
from the Stockholm Conference to the present. This will be
 outline the need for laws to added to throughout the topic.
protect the global
Activity: In groups, students briefly research each major
environment
event on the timeline. Groups add captions to the timeline.
Discuss reasons for increased environmental protection over
time.
 the impact of changing
values and ethical
standards on
environmental protection
 issues of compliance and
non-compliance
Define ecologically sustainable development, biodiversity,
intergenerational equity, intragenerational equity, the
precautionary principle and relate the definitions to media
reports. Discuss and make notes on the importance of each
concept.
Resources: www.un.org/esa/dsd
www.environment.gov.au
www.geni.org
2. Responses to global
environmental
protection
The roles of:
 nation state and state
sovereignty
 examine the role of
sovereignty in assisting
and impeding the
Compile a media file about global environmental issues.
Discuss the media reports and the problems associated with
sovereignty and the link with the concept of political will.
83
 the impact of state
sovereignty in
encouraging cooperation
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
resolution of global
environmental protection
issues
 the United Nations
 international instruments
 courts and conferences
 intergovernmental
organisations
 non-government
organisations
 outline the structure and
function of the United
Nations in relation to
environmental protection
Suggested teaching and learning strategies
Mind map: As a class, create a mind map of when nation
states are likely to comply with international law and when
not.
Discuss reasons for compliance and non-compliance with
international law, and use case studies to support opinion,
such as Australia’s support of fishing regulations and
whaling, but non-compliance in other issues.
Visit www.unep.org/ to investigate the United Nations
environmental programs. Research the role of the General
Assembly in environmental issues.
Ensure that the class timeline has international instruments
and conferences highlighted.
Discuss the effectiveness of these instruments and
conferences (due to the limitations placed on them by
sovereignty), and suggest reasons for limits to their
effectiveness.
Research the effectiveness of the International Court of
Justice in global environmental issues.
Resources: www.eea.europa.eu
www.unep.org
www.greenpeace.org.au
www.icj.org
Undertake a webquest of the variety of global and regional
intergovernmental and non-government organisations that
advocate global environmental protection.
In groups, students prepare a brief report to be presented to
the class describing the aims and methods of a major NGO.
What is the role of the media in raising awareness of global
84
Themes and challenges
and resolving conflict in
regard to environmental
protection
 issues of compliance and
non-compliance
 the role of law reform in
protecting the global
environment
 the effectiveness of legal
and non-legal responses in
protecting the
environment
 the impact of changing
values and ethical
standards on
environmental protection
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
 media
 Australia’s federal structure
Suggested teaching and learning strategies
Themes and challenges
environmental issues?
Examine the issues that attract media attention.
 explain the effects of
Australia’s federal
structure in responding to
global environmental
protection
 evaluate the effectiveness
of legal and non-legal
measures in protecting the
global environment
Investigate the impact of the division of powers on
environmental protection in Australia. Choose two examples
of Australian environmental protection.
Discuss problems of protecting the environment that arise
because of the different levels of government in Australia
and the ability of the federal government to enact laws under
section 51. Note problems of protecting the environment
with different elected government’s responses to
international instruments such as the Kyoto Protocol.
Resources: www.environment.gov.au
www.unep.org
3. Contemporary issues
concerning global
environmental
protection
On a world map, identify areas where there is a threat to the
global environment.
Issues that must be
studied:
 identify and investigate
these contemporary issues
 the role of the law in relation
to global threats to the
involving the protection of
environment
the global environment
and evaluate the
 legal responses to conflict
effectiveness of legal and
between the demand for
non-legal responses to
resources and global
these issues
environmental protection
Brainstorm and create a mind map of the effectiveness of
legal and non-legal responses in protecting the global
environment. Support with case studies.
Conduct a class debate about the conflict between the
demand for resources versus the need for global
environmental protection. Refer to a world map to identify
this conflict (eg north-west Australia).
Research Australia’s responses to international initiatives.
85
 the role of law reform in
protecting the global
environment
 the effectiveness of legal
and non-legal responses in
protecting the
environment
 the impact of state
sovereignty in
encouraging cooperation
and resolving conflict in
Legal Studies Stage 6 – Support Material
Students learn about:
 Australia’s response to
international initiatives for
global environmental
protection
 barriers to achieving an
international response to
global environmental
protection
Students learn to:
Suggested teaching and learning strategies
Brainstorm and create a mind map about the barriers to
achieving an international response.
Written response: Mind map the various responses to
global environmental protection.
Scaffold an extended response to ‘Evaluate the
effectiveness of legal and non-legal measures in protecting
the global environment’.
Cite media reports, international instruments, cases,
documents or legislation with a judgement about the
effectiveness of legal and non-legal measures, backed up
with a logical argument.
Resource: Hot Topics, No. 69, International Law, 2009.
These issues can be studied at the end or integrated
throughout the unit especially with reference to the United
Nations. Revisit the scaffolded extended response and
assess the role of these issues in achieving global
environmental protection.
86
Themes and challenges
regard to environmental
protection
Legal Studies Stage 6 – Support Material
Option 3: Family
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the legal nature of family relationships and the effectiveness of the
law in achieving justice.
Outcomes
H1. identifies and applies legal concepts and terminology
H2. describes and explains key features and the relationship between Australian and international law
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international
instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of the law in encouraging cooperation and resolving conflict in regard to family
 issues of compliance and non-compliance
 changes to family law as a response to changing values in the community
 the role of law reform in achieving just outcomes for family members and society
 the effectiveness of legal and non-legal responses in achieving just outcomes for family members.
Assessment: Media file.
87
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 the concept of family  discuss the
law
difficulty of
defining ‘family’
and the changing
concepts of family
Define family, discussing the difficulty of defining the concept.
Role-play: Family types. Give each student a description of a family
member and have students pair or group together: ask what type of
family they are illustrating.
Discuss changing concepts of family through media and community
perception.
 changes to family law as a
response to changing
values in the community
 legal requirements of
marriage
 distinguish between
state and federal
jurisdiction in
family law
Group work: Students to construct mind maps to outline each family
relationship. Present information to class. Collect media articles
relating to these alternative family relationships.
Construct a table to distinguish legal responsibilities to families
between state and federal bodies (eg de facto – state; marriage/divorce
– federal). Refer to specific examples including case law and
legislation.
 alternative family
relationships
 outline the legal
requirements of a
valid marriage
Brainstorm: What is marriage? Compare and contrast to the legal
expectation.
Discussion: What are the legal rights and obligations of parents?
Explain the legal rights and obligations of parents and children
regarding adoption.
 legal rights and
obligations of
parents and children
 explain the legal
rights and
obligations of
parents and
children, including
those derived from
international law
ICT: Using www.ncylc.org.au/croc/home2.html, access the UN
Convention on the Rights of the Child. Students to outline the
convention and describe its aims and purpose. Comment on
Australian state and federal responsibilities as a result of this
document.
Resource: www.familylaw.gov.au/accesspoint
1. The nature of
family law
 adoption
88
Legal Studies Stage 6 – Support Material
Students learn about:
2. Responses to
problems in
family
relationships
 divorce
 legal consequence of
separation
– children
– property
Students learn to:
Suggested teaching and learning strategies
 outline the legal
processes involved
in dealing with
problems in family
relationships
Mind map: What problems exist in family relationships?
Discuss why and to what extent the legal system intervenes in family
relationships. Describe how and why this intervention has changed
over time.
Themes and challenges
Define divorce.
Construct a timeline of legislation and case law indicating changes to
divorce laws.
Outline the roles of the Family Court of Australia and the Family
Magistrates Court.
Describe the legal consequences of separation for children and for
property. Discuss why these areas of law are often controversial.
Investigate support services including Family Relationship Centres
and non-government community organisations.
Examine the influence of the media on social acceptance, law reform,
etc. Provide two examples of media influence.
Resources: Hot Topics, No. 62, Children and families, 2007
Divorce Stories (SBS)
www.familycourt.gov.au/
www.relationships.com.au
www.familyrelationships.gov.au/
www.fmc.gov.au/
 issues of compliance and
non-compliance
Excursion: Visit the Family Law Court or a Family Relationship
Centre (note that there are limits on the cases that may be viewed).
Organise an interview with registrar.
Guest speaker: Family law solicitor, a representative from Anglicare
or Relationships Australia.
 the role of law reform in
achieving just outcomes
for family members and
society
89
 the role of the law in
encouraging cooperation
and resolving conflict in
regard to family
Legal Studies Stage 6 – Support Material
Students learn about:
 dealing with
domestic violence
Students learn to:
 evaluate the
effectiveness of the
law in protecting
victims of domestic
violence
Suggested teaching and learning strategies
Define domestic violence.
Construct a timeline including legislation and case law indicating
significant changes in the treatment of domestic violence prosecution.
Discuss why there has been such significant change in this area.
Investigate legal remedies, eg the police, courts, ADVOs.
Identify and outline the role of non-legal organisations and support
services. Use webquest to investigate websites.
Themes and challenges
 issues of compliance and
non-compliance
Examine the influence of the media in preventing domestic violence,
eg advertising campaigns, community education.
 the roles of:
– courts and dispute
resolution
methods
– non-government
organisations
– the media
 examine the role of
non-government
organisations and
the media in
relation to family
law
Resources: Hot Topics, No. 66, Domestic Violence, 2008
Australian Story,
www.abc.net.au/austory/specials/tildeath/default.htm
(ABC)
www.fahcsia.gov.au/sa/women/pubs/violence/Pages/defa
ult.aspx
www.whiteribbonday.org.au/About-White-Ribbon88.aspx
Research cases of domestic violence such as that of Ingrid Poulson in
2003 and explain the extent to which they have been catalysts for
change.
 evaluate the
effectiveness of the
law in achieving
justice for parties
involved in
relationship
breakdowns
Guest speaker: Invite the local police Domestic Violence Liaison
Officer to address group.
Debate: ‘The law is ineffective when dealing with domestic violence.’
Written response: Scaffold and complete an extended response on
the following:
Evaluate the effectiveness of the law in achieving justice for victims of
domestic violence.
Support your answer with a variety of sources including cases,
90
 the effectiveness of legal
and non-legal responses in
achieving just outcomes
for family members
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
legislation, media, documents and/or international instruments reports.
OR
Evaluate the effectiveness of the law in achieving justice for parties
involved in relationship breakdown.
Support your answer with cases, legislation, media, documents and
reports.
3. Contemporary
issues concerning
family law
Issues that must be
 identify and
studied:
investigate these
 recognition of samecontemporary
sex relationships
issues relating to
family law and
evaluate the
effectiveness of
legal and non-legal
responses to these
issues
Discuss the gradual change in societal views relating to same-sex
relationships in an Australian and global context. Investigate the
extent to which legislation has reflected this change.
Media file: Compile a selection of media articles relating to the
recognition of same-sex relationships in regard to, for example,
marriage, children, discrimination. Using this information, construct a
timeline of same-sex relationship recognition in both state and federal
jurisdictions.
Using a range of websites, examine the role of non-government
organisations and assess their influence on the legal system.
Resources: Hot Topics, No. 53, Same-sex families, 2005.
Alternative Law Journal, Vol 33, No. 2, ‘Civil Rights and
Civil Unrest’.
Alternative Law Journal, Vol 33, No. 1, ‘There’s No
Justice – Just Us’.
 changes to family law as a
response to changing
values in the community
 changes to family law as a
response to changing
values of the community
Legislation: www.lawlink.nsw.gov.au/adb
www.glrl.org.au
Written response: Evaluate the effectiveness of legal and non-legal
responses for achieving justice for same-sex couples.
 the changing nature
of parental
Define parental responsibility and guardianship.
91
 changes to family law as a
Legal Studies Stage 6 – Support Material
Students learn about:
Suggested teaching and learning strategies
Themes and challenges
Brainstorm: What rights do parents have?
Construct a timeline of legislation outlining the changes to parental
responsibility. Account for changes to parental responsibility.
Discuss the meaning of the phrase ‘best interests of the child’. Explain
the implications for parents in the breakdown of a relationship.
Resources: Hot Topics, No. 62, Children and families, 2007.
www.kids.nsw.gov.au
www.youth.nsw.gov.au
www.lawstuff.org.au
response to changing
values of the community.
 surrogacy and birth
technologies
Watch a DVD (see below) to highlight the processes involved in
surrogacy/IVF, the moral dilemma and the limited nature of the law in
dealing with these issues.
Compare and contrast the legislation in states and territories of
Australia. Evaluate the effectiveness of the law and note inconsistent
jurisdictions and the reactive nature of law.
Debate topic: ‘Surrogacy should be banned in Australia.’
Resources: www.enhancetv.com.au/
Two Men and a Baby (ABC)
Designer Babies (ABC)
Surrogate Mums (SBS)
 the effectiveness of legal
and non-legal responses in
achieving just outcomes
for family members
 care and protection
of children
Brainstorm: What rights do children have?
Construct a table of federal and state laws that deal with the autonomy  issues of compliance and
of children.
non-compliance
Class activity: Using relevant texts, current media articles and relevant
websites, legislation and case law, students construct a mind map to
outline the legal concepts of child abuse, neglect and ill-treatment.
Group activity: Each group chooses one aspect to investigate and
assesses the effectiveness of legal responses when dealing with
children who have been abused, neglected or ill-treated. Report
findings back to class.
ICT: Access the Kids Helpline website or another non-legal response.
responsibility
Students learn to:
92
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Examine the aim of this non-legal body.
Resources: www.lawstuff.org.au
www.kidshelpline.com.au/home_KHL.aspx?s=6
www.kids.nsw.gov.au/
www.ncylc.org.au/
Hot Topics, No. 62, Children and families, 2007.
Reform, Issue 92, Children and Young People
Children and Young Persons (Care and Protection) Act
1998 (NSW)
Family Law Act 1975 (Cth)
93
Themes and challenges
Legal Studies Stage 6 – Support Material
Option 4: Indigenous Peoples
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the effectiveness of legal and non-legal processes in
achieving justice for Indigenous Peoples globally.
Outcomes
H1. identifies and applies legal concepts and terminology
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media,
international instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the impact of state sovereignty in encouraging cooperation and resolving conflict in regard to Indigenous Peoples.
 issues of compliance and non-compliance
 laws relating to Indigenous Peoples as a reflection of changing values and ethical standards
 the role of law reform in recognising the rights of Indigenous Peoples
 the effectiveness of legal and non-legal responses in achieving justice for Indigenous Peoples.
Assessment: Research and written response.
94
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
1. The nature of the
law and Indigenous
Peoples
 definition of
‘Indigenous Peoples’
 define Indigenous
Peoples
Class brainstorms their understanding of Indigenous Peoples and
writes a definition.
 loss of rights of
Indigenous Peoples
over time
 outline the loss of
rights of Indigenous
Peoples globally
Resources: Hot Topics, No. 68, Indigenous Peoples, 2009.
In groups students investigate different Indigenous Peoples. They
locate them on a world map and provide a timeline of their loss of
collective rights. They present findings to the class.
All groups then collate their world maps and timelines to produce a
global overview.
Compare the history and the issues facing these peoples. What
universal loss of rights do they share?
 legal recognition of
Indigenous Peoples
 outline the need for
legal recognition of
Indigenous Peoples
Resource: Hot Topics, No. 68, Indigenous Peoples, 2009 include
Indigenous Peoples from USA, Sami, Canada,
Mapuche, NZ and Australia.
 importance of the right
to self-determination
 explain the
difficulties faced by
Indigenous Peoples
in determining their
own future
 laws relating to
Indigenous Peoples as a
reflection of changing
values and ethical
standards
Teacher models a structure for a response that examines the
following aspects, using at least three examples of Indigenous
Peoples:
– loss of cultural rights: cultural integrity, self-identification, selfdetermination, sovereignty
– importance of these rights and affinity to the land
– struggles for legal recognition
– difficulties in determining their future.
 issues of compliance and
non-compliance
Explanation of problems of Indigenous Peoples gaining access to
the international legal system, including courts and
intergovernmental organisations. Include lack of standing in
international law and the reliance on the political will of nation
states to take action on behalf of Indigenous Peoples.
 the impact of state
sovereignty in
encouraging cooperation
and resolving conflict in
regard to Indigenous
Peoples
95
Legal Studies Stage 6 – Support Material
Students learn about:
2. Responses to
Indigenous Peoples
 The role of:
– the nation state and
state sovereignty
– the United Nations
– international
instruments
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
 examine the role of
sovereignty in
assisting and
impeding the
recognition of the
rights of Indigenous
Peoples
Refer back to student research. Note: where has the nation state
taken action on behalf of their Indigenous People? Relate back to
sovereignty and the political will of governments to act on behalf of
Indigenous Peoples.
Resources: www.un.org/esa/socdev/unpfii/
www.un.org/cyberschoolbus/indigenous/index.asp
Hot Topics, No. 68, Indigenous Peoples, 2009.
 the role of law reform in
recognising the rights of
Indigenous Peoples
 evaluate the
effectiveness of
legal and non-legal
measures in
achieving justice for
Indigenous Peoples
Discuss the role of ECOSOC: Working Group on Indigenous
Peoples and Permanent Forum on Indigenous Peoples. Note that
there are few international instruments regarding Indigenous
Peoples and the length of time the UN Declaration on the Rights of
Indigenous Peoples took to establish. It is now the benchmark for
Indigenous Peoples internationally.
 issues of compliance and
non-compliance
Discuss with students why it has been so difficult to establish
international instruments for Indigenous Peoples.
Resources: www.iwgia.org/sw248.asp
www.un.org
Note problems with Indigenous Peoples’ lack of standing in
international law limiting their access to the legal system and their
ability to achieve justice.
– courts
– intergovernmental
organisations
– non-government
organisations
– the media
– Australia’s federal
structure
 laws relating to
Indigenous Peoples as a
reflection of changing
values and ethical
standards
Using previous research of case studies, discuss the roles of
intergovernmental organisations, non-government organisations and
the media in Indigenous Peoples gaining their rights.
 explain the role of
Australia’s federal
structure in
responding to the
needs of Indigenous
Briefly research the impact of Australia’s federal system on
responding to indigenous rights. Compare and contrast to global
Indigenous Peoples globally.
Research: ‘The Apology’, 2009 Statement of Support for the
Declaration on the Rights of Indigenous Peoples.
96
 the impact of state
sovereignty in
encouraging cooperation
and resolving conflict in
regard to Indigenous
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Peoples
Suggested teaching and learning strategies
Resources: Australian Human Rights Commission –
www.hreoc.gov.au/Social_Justice/index.html
L. Behrendt, 2003, Achieving Social Justice, The
Federation Press, Sydney
National Indigenous Times – www.nit.com.au
Behrendt, Cunneen and Libesman, Indigenous Legal
Relations in Australia, 2009 (Oxford University Press)
www.liac.sl.nsw.gov.au/
Hot Topics especially Indigenous Peoples, No. 68,
2009
Themes and challenges
Peoples
 the effectiveness of legal
and non-legal responses
in achieving justice for
Indigenous Peoples
3. Contemporary
issues concerning
Indigenous Peoples
Issues that must be
studied:
 loss of cultural rights
including language
 land rights
 legal rights to natural
resources
 intellectual property
rights
 identify and
investigate these
contemporary
issues involving the
rights of Indigenous
Peoples and evaluate
the effectiveness of
legal and non-legal
responses to these
issues
Explain the concepts of cultural rights, land rights, the legal rights  laws relating to
to natural resources and intellectual property. Review earlier
Indigenous Peoples as a
research to gain a global perspective on these issues.
reflection of changing
These issues need to be studied with a global perspective using case
values and ethical
studies of Indigenous Peoples to highlight the impact of these issues.
standards
Research the following relating to the issues:
Canada: Constitutional Recognition – 1982 – section 35. The
existing aboriginal and treaty rights of the aboriginal peoples of
 the impact of state
Canada are recognised.
sovereignty in
– Assembly of First Nations – www.afn.ca/
encouraging cooperation
– Inherent Right to Self Government – www.ainc-inac.gc.ca/indexand resolving conflict in
eng.asp
regard to Indigenous
– Treaties
Peoples
– Aboriginal Title – Delgamuukw v British Columbia
[1997] 3 S.C.R. 1010
– Residential Schools – www.afn.ca/residentialschools/index.html
– www.aph.gov.au/library/Pubs/rp/1999-2000/2000rp27.htm
97
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
USA: The Cherokee Cases
Johnson v McIntosh 21 US (8 Wheat.) 543 (1823)
Cherokee Nation v Georgia 30 US (5 Pet.) 1 (1831)
Worchester v Georgia 31 US (6 Pet.) 515 (1832)
New Zealand
Treaty of Waitangi – www.nzhistory.net.nz/category/tid/133
Waitangi Tribunal – www.waitangi-tribunal.govt.nz/
– fishing
– language
Written response: Mind map the various responses to issues
associated with Indigenous Peoples by the use of brainstorming.
Each response should cite media, international instruments, cases,
documents or legislation with a judgement about effectiveness
backed up with a reason. Scaffold an extended response to
evaluate the effectiveness of legal and non-legal measures in
achieving justice for Indigenous Peoples.
These issues can be studied at the end or integrated throughout the
unit especially with reference to the research task. Revisit the
extended response and assess the role of these issues in achieving
justice for Indigenous Peoples.
98
Themes and challenges
 the role of law reform in
recognising the rights of
Indigenous Peoples
 the effectiveness of legal
and non-legal responses
in achieving justice for
Indigenous Peoples
Legal Studies Stage 6 – Support Material
Option 5: Shelter
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the legal means of securing shelter and the
effectiveness of the law in achieving justice for people seeking and providing shelter.
Outcomes
H1. identifies and applies legal concepts and terminology
H2. describes and explains key features and the relationship between Australian and international law
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases,
media, international instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of the law in encouraging cooperation and resolving conflict in regard to shelter
 issues of compliance and non-compliance
 laws relating to shelter as a reflection of changing values and ethical standards
 the role of law reform in protecting the rights of those seeking shelter
 the effectiveness of the legal and non-legal responses in achieving just outcomes for the provision of shelter.
Assessment: Group ICT task.
99
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
1. The nature of shelter
 definition of ‘shelter’
 right to shelter
 define shelter and
outline the extent of
laws concerning
shelter
 discuss the right to
shelter according to
international law
 obligation to provide
shelter
 types of shelter
Define shelter and the right to shelter. Using the UN Declaration of  laws relating to shelter as
Human Rights, explain why the right to shelter is internationally
a reflection of changing
recognised.
values and ethical
standards
Compile a photo story of different types of shelter from around the
world.
Discussion: Should there be a right to shelter? Link to the photo
story.
 examine the
obligation of state
and federal
governments to
provide shelter
Discussion: Should state and federal governments have an
obligation to provide shelter? Complete a table of arguments for and
against this notion. Examine the current obligations of state and
federal governments to provide shelter.
 describe the types of
shelter
Mind map: Outline the different types of shelter. Students construct
a glossary for shelter using appropriate texts.
Resources: www.un.org
www.hreoc.gov.au/info_for_students/essentials/undhr/i
ndex.html#
www.australia.gov.au/topics/economy-money-andtax/property-and-housing
www.nsw.gov.au/topics/property-and-housing
Hot Topics, No. 57, Shelter, 2006
100
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
2. Legal protection
and remedies
associated with
securing shelter
 purchasing including:
 outline the process
– separate dwelling or
of securing shelter
shared space
– private treaty or
auction
– systems of
registration
– sources of finance
– protection for
buyers
 assess the role of the
legal system in
protecting those
securing and
providing shelter
Purchasing
Define separate dwelling, shared space, private treaty, auction,
systems of registration.
Research activity: Investigate sources of information that will
assist people to purchase property.
Construct a flow diagram to illustrate the process of buying a home
in NSW highlighting the decisions and choices that homebuyers
need to make.
Obtain a copy of a contract, investigating such terms as cooling-off
period, exchange, settlement, inclusions, vendor.
Construct a table comparing and contrasting sources of finance
(eg banks, mortgage broker), cost, fine-print, choices.
Compile a list of the ways that home buyers are protected in NSW.
Written response: Scaffold the following essay in class,
constructing an introductory paragraph and main points. Students
then complete an extended response to:
‘Assess the effectiveness of the legal system in protecting home
buyers’.
Guest speaker: Invite a real estate agent or conveyancer to address
the class.
Resources: www.mortgage.com.au
www.firsthome.gov.au/
www.fairtrading.nsw.gov.au
www.realestate.com.au
101
 the role of the law in
encouraging cooperation
and resolving conflict in
regard to shelter
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Real estate publications, eg the Domain Property
Guide
The Law Handbook, the Redfern Legal Centre
Publishing
Fact sheets from the Office of Fair Trading.
 leasing including:
– rights and
obligations of
landlords and
tenants
– protection for
tenants, landlords,
boarders and
lodgers
 securing other types of
shelter such as aged
care, residential parks
and squats
Leasing
Activity: Collect a range of newspapers, students to research and
cut out different types of rental properties. Compare five properties
looking at weekly rent, size, location and inclusions.
Go to www.tenants.org.au. Provide a summary of the Residential
Tenancies Act 1987 and Residential Tenancies Regulation 2006
including:
– aim and purpose
– rights and responsibilites.
 evaluate the
effectiveness of legal
and non-legal
measures in
achieving justice for
people seeking
shelter
– How effective is this legislation in responding to the needs of
tenants and landlords?
– List the rights and obligations of landlords and tenants.
– How are they protected?
– Who are boarders and lodgers? Examine how they are protected
in NSW.
 issues of compliance and
non-compliance
Other types of shelter
Group ICT: Each group is to outline one example of securing other
types of shelter and prepare a PowerPoint presentation that
addresses the following:
– description/definition
– relevant legislation
– rights and obligations
– protection afforded
– advantages and disadvantages
– non-legal support advocacies.
 the effectiveness of the
legal and non-legal
responses in achieving just
outcomes in regard to the
provision of shelter
102
 the role of law reform in
protecting the rights of
those seeking shelter
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
 dispute resolution
mechanisms
 the roles of:
– courts and tribunals
– alternative dispute
resolution
– government
organisations
– non-governmental
organisations
– the media
Suggested teaching and learning strategies
Themes and challenges
Dispute resolution mechanisms
Media file: Collect articles to illustrate causes of disputes between:
– neighbours
– landlords and tenants
– vendors and purchasers
– builders and home owners.
issues of compliance and
non-compliance
Watch an appropriate segment of The Castle.
 the effectiveness of the
legal and non-legal
responses in achieving just
outcomes in regard to
provision of shelter
Create a flow diagram of dispute resolution ranging from non-legal
responses to legal measures. Discuss the advantages and
disadvantages of each and evaluate their effectiveness.
Resources: www.cttt.nsw.gov.au
www.cjc.nsw.gov.au
www.tenants.org.au
The Castle, 1997, Working Dog Productions
P Bellemore 2007, The Tenants’ Rights Manual:
A Practical Guide to Renting in NSW, 3rd edn, The
Federation Press, Sydney.
3. Contemporary
issues concerning
shelter
Issues that must be
studied:
 affordability
 identify and
investigate these
contemporary issues
involving the
provision of shelter
and evaluate the
effectiveness of legal
Affordability
Collect a range of articles and conduct a web search about housing
affordability in NSW and Australia. Students analyse and discuss
issues identified.
Discussion: What measures have been taken to address the issue of
housing affordability? Make reference to housing stress, rental
103
 laws relating to shelter as
a reflection of changing
values and ethical
standards
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
and non-legal
responses to these
issues
 discrimination
Suggested teaching and learning strategies
shortages, bankruptcy and interest rates. Evaluate the effectiveness
of legal and non-legal mechanisms in addressing housing
affordability.
Resources: www.shelternsw.org.au/index.shtml
www.housingaffordabilityaustralia.com
www.abs.gov.au
Julian Disney 2007, Affordable Housing in Australia:
Some Key Problems and Priorities for Action
Julian Disney 2006, Affordable Housing – A Creeping
Crisis
Current media.
Discrimination
Define discrimination, include direct and indirect.
Refer to the Anti-Discrimination Act 1977 (NSW) to ascertain the
grounds on which people may be discriminated against when
obtaining shelter.
Themes and challenges
 the effectiveness of the
legal and non-legal
responses in achieving just
outcomes in regard to the
provision of shelter
 the role of law reform in
protecting the rights of
those seeking shelter
Access the following website:
www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_cases
Research and outline a case dealing with discrimination in
accommodation. Evaluate the effectiveness of legal and non-legal
measures dealing with issues of discrimination.
Resource: Hot Topics, No. 40, Discrimination, 2003.
 homelessness
Homelessness
What does it mean to be homeless? Define homelessness.
Examine the legal and non-legal responses to homelessness, in
particular referring to the Oasis Youth Support Network.
Written response: Assess the effectiveness of legal and non-legal
responses to homelessness. Support your answer with reference to a
variety of sources including cases, legislation, media, international
104
 laws relating to shelter as
a reflection of changing
values and ethical
standards
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
instruments and/or documents.
Resources: www.salvos.org.au/oasis
www.homelessnessaustralia.org.au/site/index.php
www.actnow.com.au/Issues/Homelessness_in_Australia.
aspx
www.streetsmartaustralia.org/home
www.homelessnessnsw.org.au
 social housing
including public
housing, cooperative
housing and
community housing
Social housing
What is social housing? Provide an historical overview of the
development of social housing and reasons for its provision.
Include a discussion of:
– public housing
– community housing
– cooperative housing.
Watch a segment of the DVD 900 Neighbours/The Block and
discuss issues raised.
Examine who is eligible for social housing and outline the
application process.
Construct a table to highlight the advantages and disadvantages of
social housing. Evaluate the provision of social housing in NSW
including a discussion of the increasing pressure for crisis
accommodation.
Activity: Using recent examples, compile a selection of media
references that highlight the social implications of social housing.
Students to assume the role of a government official or nongovernment organisation lobbying for law reform and develop an
action plan of how to address the issues (infrastructure,
employment, transport, and education/recreation). Students should
refer to the LRC website for guidance.
105
 the effectiveness of the
legal and non-legal
responses in achieving just
outcomes for the provision
of shelter
 the role of law reform in
protecting the rights of
those seeking shelter
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Resources: www.housing.nsw.gov.au
Hot Topics, No. 57, Shelter, 2006.
900 Neighbours:
http://aso.gov.au/titles/documentaries/900-neighbours
www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/L
RC_index
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Themes and challenges
Legal Studies Stage 6 – Support Material
Option 6: Workplace
25% of course time
Principal focus: Through the use of contemporary examples, students investigate legal rights and responsibilities and the effectiveness
of the law in achieving justice in the workplace.
Outcomes
H1. identifies and applies legal concepts and terminology
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media,
international instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of the law in encouraging cooperation and resolving conflict in the workplace
 issues of compliance and non-compliance
 laws relating to the workplace as a reflection of changing values and ethical standards
 the role of law reform in recognising rights and enforcing responsibilities in the workplace
 the effectiveness of legal and non-legal responses in achieving justice in the workplace.
Assessment: Extended response on the effectiveness of workplace law.
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Legal Studies Stage 6 – Support Material
Students learn about:
1
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
The nature of
workplace law
 the changing nature
of workplace law
over time
 outline the
developing need for
workplace law
Create a mind map to show the developing need for workplace law.
Activity: Outline how the workplace has changed.
What are the implications of change? Consider the nature of the
employee/employer, master/servant relationship, the role of state, the
continuum from laissez-faire to state intervention.
 the role of law reform in
recognising rights and
enforcing responsibilities
in the workplace
Develop a time line on the evolution of workplace law.
In one page, explain the difficulties of your work as a chimney sweep in
Victorian Britain. Suggest one workplace law that would improve your
work situation.
Field study: Visit a local workplace and develop interview questions
relating to different aspects of the syllabus.
Class discussion: Why do employees need protection? What are the
objectives of workplace law?
 contracts:
– of service
– for services
– express and
implied terms
 outline the sources
of workplace
regulations
Explain the concept of a contract of employment. Distinguish between
contracts ‘of’ and ‘for’ service.
Integrate case examples such as Zuijs v Wirth Brothers Pty Ltd (1955)
93 CLR 561; Stevens v Brodribb Sawmilling Company Pty Ltd (1986)
160 CLR 16.
Develop student-generated examples of implied and express terms –
introduce the common law and statutory basis.
Discussion on how workers can be protected by implied terms in
workplace contracts. Highlight the responsibilities of both employers
and employees.
108
 laws relating to the
workplace as a reflection
of changing values and
ethical standards
Legal Studies Stage 6 – Support Material
Students learn about:
 awards and
agreements
Students learn to:
 describe the rights
and responsibilities
of employers and
employees in the
workplace
 statutory conditions
Suggested teaching and learning strategies
Briefly introduce the state and federal framework for workplace
regulation. Consider state and federal awards, collective agreements,
Australian workplace agreements.
Teacher-led examination of the political nature of workplace law and
the significant role of the state.
Note: Ideally go to government and non-government sites to find out the
latest information. This could be developed as student-based research
although it is a difficult area in which most students will require
significant guidance.
Resources: www.industrialrelations.nsw.gov.au/
www.deewr.gov.au/
www.dfat.gov.au/facts/workplace_relations.html
Fair Work Act 2009 (Cth)
Class discussion on the traditional power imbalance between employer
and employee. Find out which students have part-time work and discuss
their own observations.
Develop a table outlining the rights and responsibilities of employers
and employees – identify the legal source of each.
Role-play situations where rights have been infringed – students suggest
negotiated solutions to issues.
Themes and challenges
 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
 issues of compliance and
non-compliance
 laws relating to the
workplace as a reflection
of changing values and
ethical standards
2. Regulation of the
workplace
 industrial relations –
the state and federal
framework
 examine the legal
framework for
workplace law
Make notes on the state and federal framework. Revisit constitutional
division of powers. Brainstorm the need for regulation and the problems
with a federal system.
Define key terms and concepts – students develop a glossary.
Examine and make notes on the roles of:
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 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
– federal bodies, eg Australian Industrial Relations Commission,
Workplace Authority and Workplace Ombudsman which were
replaced by Fair Work Australia and the Fair Work Ombudsman
– state bodies, eg NSW Industrial Relations Commission
Resources: www.industrialrelations.nsw.gov.au/awards/controller.jsp
www.workplaceauthority.gov.au
www.deewr.gov.au/
www.wo.gov.au/asp/index.asp
 negotiations between
employers and
employees
 evaluate the
effectiveness of
dispute resolution
processes
 the roles of:
– courts and
tribunals
– governmental
organisations
 assess the role of
the legal system in
regulating the
workplace
Brainstorm and develop a mind map on the form of negotiations
(individual action, workplace bargaining, enterprise bargaining,
collective agreements, consensual dispute resolution – mediation and
grievance procedures).
Outline the historical development of dispute resolution mechanisms –
Conciliation and Arbitration Act 1904 (Cth), Workplace Relations Act
1996 (Cth) and prepare a timeline of key events. Consider both legal and
non-legal aspects.
Consider the nature of industrial disputes, and measures used by
employees and employers to gain leverage in a dispute (strikes, etc).
Role-play workplace bargaining conflicts. Use current cases where
possible. In one or more scenarios illustrating a typical workplace
dispute, students investigate:
– the issue/nature of the conflict
– the main players
– resolution mechanisms
– outcome(s)
– an evaluation of the effectiveness of the process.
You could make up scenarios or research real disputes such as Patrick
Stevedores (watch the TV miniseries Bastard Boys). For film clips and
ideas go to: www.radioaustralia.net.au/news/
http://australianscreen.com.au/
110
Themes and challenges
 issues of compliance and
non-compliance
 role of law reform in
recognising rights and
enforcing responsibilities
in the workplace
 laws relating to the
workplace as a reflection
of changing values and
ethical standards
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Writing task: The effectiveness of workplace dispute resolution
processes. Include an examination of recent changes and future
directions. In your answer, include a variety of sources such as
legislation, cases, media, international instruments and/or documents.
– trade unions
Themes and challenges
 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
You be the judge: Mock trial of an industrial dispute presented before a
commissioner.
Examine the changing role of unions.
Class debate: ‘Unions are redundant in the 21st century.’
www.rightsatwork.com.au/
Outline the role of employer organisations. Consider them from the
perspective of a large employer, a small enterprise and employees.
– employer
associations
Examine the importance of NGOs, eg the role of the International
Labour Organisation in setting standards (note that this did influence the
Workplace Relations Act in promoting family-friendly practices).
Collect pamphlets and/or brochures and/or fact sheets from the internet,
etc, which illustrate the activities of a range of organisations whose aim
is to assist workers. Highlight and summarise main points.
– non-government
organisations
Watch appropriate episodes of the ABC’s Media Watch on bias in the
media.
– the media
 remuneration
 outline how
remuneration is
determined
Guest speaker: Industrial relations lawyer/commissioner.
An examination of remuneration could be integrated into the section on
negotiations between employers and employees.
Newspaper or net search for job ads – match skills, experience and
qualifications to remuneration and bargaining power.
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 issues of compliance and
non-compliance
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Brainstorm the various aspects of remuneration.
Examine the principles of adequate remuneration. Relate to welfare
concerns and cultural considerations.
 evaluate the
effectiveness of
legal and non-legal
measures in
protecting and
recognising
workplace rights
Conduct a class debate on the relevance of the following statement for
the 21st century:
‘A fair day’s pay for a fair day’s work.’
Make notes on the rationale and function of the Australian Fair Pay and
Conditions Standard. Assess the relevance of the standard in protecting
rights and maintaining social justice. Compare the standard with the
National Employment Standards.
Develop a futures wheel on the directions for workplace reform.
Written response: ‘Evaluate the effectiveness of legal and non-legal
measures in protecting and recognising workplace rights. Integrate
current legislation, cases, media, international instruments and/or
documents in your response.’
 the effectiveness of legal
and non-legal responses in
achieving justice in the
workplace
3. Contemporary
issues concerning
the workplace
Issues that must be
studied:
 discrimination
 identify and
investigate these
contemporary
issues involving
workplace law and
evaluate the
Develop a table outlining the types of discrimination and listing the
relevant federal and state legislation applicable to each.
Investigate the role of the Anti-Discrimination Board and
Administrative Decisions Tribunal (ADT) (where cases are heard) and
the Australian Human Rights Commission.
112
 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
 issues of compliance and
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
effectiveness of
legal and non-legal
responses to these
issues.
Suggested teaching and learning strategies
Resources: www.lawlink.nsw.gov.au/adb
www.lawlink.nsw.gov.au/adt
www.humanrights.gov.au/
Investigate a discrimination case – go to Austlii and follow links to
ADT cases – by scrolling down to legislation cited, select an AntiDiscrimination Act decision. Summarise the case and assess how the
law dealt with the dispute.
Research the concept of affirmative action – consider its relevance in
Australia and debate whether it is morally and ethically appropriate.
Consider the standards set by international law – focus on the
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), adopted in 1979 by the UN General Assembly
Resources: www.un.org/womenwatch/daw/cedaw/
www.austlii.edu.au/au/cases/nsw/
www.eowa.gov.au
www.lawlink.nsw.gov.au
 safety
Themes and challenges
non-compliance
 laws relating to the
workplace as a reflection
of changing values and
ethical standards
 the role of law reform in
recognising rights and
enforcing responsibilities
in the workplace
 the effectiveness of legal
and non-legal responses in
achieving justice in the
workplace
Make notes on the common law duty of care owed to employees. Case
law: Paris v Stepney Borough Council (1951) AC 367.
Examine the statutory duties of both employees and employers. Focus
on the Occupational Health and Safety Act 2000 (NSW).
 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
Students tour the school and identify and catalogue OHS breaches.
Prepare a report to the appropriate school officer and follow up the
action taken.
 issues of compliance and
non-compliance
Research the nature and function of workers compensation under the
Workers Compensation Act 1987 (NSW) and the Workplace Injury
Management and Workers Compensation Act 1998 (NSW).
 laws relating to the
workplace as a reflection
of changing values and
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Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Make notes on the role of WorkCover – Explore the site
www.workcover.nsw.gov.au/Pages/default.aspx
Refer to case law: Kahloo v Glenidle Pty Ltd [2006] NSWWCCPD 221.
Summarise the issue and the resolution of the matter.
Themes and challenges
ethical standards
Consider the importance of rehabilitation. How has the legal system
formally encouraged both employees and employers in this area?
 the role of law reform in
recognising rights and
enforcing responsibilities
in the workplace
 termination of
employment
Explain the various forms termination may take: dismissal with notice;
dismissal without notice; wrongful or unfair dismissal.
Role-play scenarios where an employer wants to dismiss an employee,
covering all types of dismissal.
Investigate relevant case examples, eg Pepper v Webb (1969) 1 WLR
514.
Class discussion about the different perspectives on decreasing the right
to redress for employees for wrongful dismissal.
Class debate: ‘Business should have the right to sack whoever they
like.’
Draw on student experience – encourage them to ask family members,
etc, for their experiences.
 the effectiveness of legal
and non-legal responses in
achieving justice in the
workplace
 leave
Outline the current framework for leave provisions under federal and
state law, eg maternity and paternity, carers.
 the role of the law in
encouraging cooperation
and resolving conflict in
the workplace
Consider the forces driving changes in the way society views leave:
technology, changing community standards, international developments.
Outline what is meant by family-friendly practices and develop a case
study of a business which has embraced family friendly practices and
flexible leave provisions.
114
 issues of compliance and
non-compliance
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
Consider the standards set by international law. Focus on the role of the
International Labour Organisation in setting standards (note that this did
influence the Workplace Relations Act in regard to promoting family
friendly practices) and the Family Responsibilities Convention.
 laws relating to the
workplace as a reflection
of changing values and
ethical standards
Hypothetical: Students design their own charter for an ethical and
family-friendly workplace.
Class debate on the issue of maternity (paternity) leave in Australia.
Identify the relevant players in this issue and the impact in terms of
ethics, social values and community expectations, as well as economic
and financial considerations.
 the role of law reform in
recognising rights and
enforcing responsibilities
in the workplace
Scaffold an extended response on the effectiveness of legal and nonlegal responses to issues of discrimination, safety, termination and leave
in the workplace. Students could do this separately for each point or
holistically considering all the issues.
Extension considerations
To what extent should the law regulate human and/or business
behaviour?
What further reform may be needed to meet future challenges posed by
changes in the workplace?
115
 the effectiveness of legal
and non-legal responses in
achieving justice in the
workplace
Legal Studies Stage 6 – Support Material
Option 7: World order
25% of course time
Principal focus: Through the use of contemporary examples, students investigate the effectiveness of legal and non-legal measures in
promoting peace and resolving conflict between nation states.
Outcomes
H1. identifies and applies legal concepts and terminology
H3. analyses the operation of domestic and international legal systems
H4. evaluates the effectiveness of the legal system in addressing issues
H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media,
international instruments and documents
H9. communicates legal information using well-structured and logical arguments.
H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:
 the role of law in encouraging cooperation and resolving conflict in regard to world order
 issues of compliance and non-compliance
 the impact of changing values and ethical standards on world order
 role of law reform in promoting and maintaining world order
 the effectiveness of legal and non-legal responses in promoting and maintaining world order.
Assessment
 Evaluate the effectiveness of legal and non-legal measures in resolving conflict and working towards world order, referring to ONE of the
following contemporary issues:
– the ‘responsibility to protect’ principle
– regional and global situations that threaten peace and security
– the success of global cooperation in achieving world order
– rules regarding the conduct of hostilities.
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Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
1. The nature of
world order
 the meaning of ‘world
order’
 discuss the concept
of world order
Brainstorm the concept of world order, using media reports as
discussion starters. World order should be considered in the
context of the promotion of international peace and security and
the prevention of conflict. As a class, devise a definition of world
order.
 laws relating to world order
as a reflection of changing
values and ethical standards
 the need for world
order
 describe the need
for world order
Discuss situations that create the need for world order and
threaten to destabilise regional and global security (such as North
Korean nuclear testing, demand for resources) or involve crimes
against the international community (such as genocide).
Activity: Locate on a world map some of the places where world
order issues were identified in the above discussion.
 the role of the law in
encouraging cooperation
and resolving conflict in
regard to world order
 the development of
world order over time
 outline the
evolving nature of
world order
Briefly investigate the development of world order from the later
part of the twentieth century to now. Discuss issues that have
caused the changes in the concept of world order such as the
growth of the nuclear age, terrorism, economic interdependence
of nation states and the demand for resources.
Discuss the responsibility to protect principle in relation to
changing community standards involving crimes such as
genocide.
 the impact of changing
values and ethical standards
on world order
 the nature of conflict:
inter-state and intrastate
 explain the
implications of the
nature of conflict
on achieving world
order
Define types of conflict into intra-state (within a state) and interstate (between states). Discuss how inter-state conflicts can
become world order issues such as when crimes against the
international community occur or they have regional impact.
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Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
 access to resources as
a source of conflict
Suggested teaching and learning strategies
Themes and challenges
Class activity: On the board, develop a list of examples for each
definition. Include a very brief justification of why each example
chosen is a world order issue. Research some examples of these
conflicts. Follow the progress of some conflicts to use throughout
the unit as case studies. Note where access to resources might
have led to the conflict. Research access to resources.
Resources: media file, www.un.org/en/
www.responsibilitytoprotect.org
www.nobelprize.org
www.bbc.co.uk/news/
www.unhcr.org/refworld
www.crisisgroup.org.
2. Responses to world
order
 the roles of:
– the nation state and
state sovereignty
– the United Nations
 examine the role of
sovereignty in
assisting and
impeding the
resolution of world
order issues
Define sovereignty and discuss its importance to world order.
Discuss how sovereignty can assist in achieving world order
(such as by honouring and enforcing international treaties,
political willingness to act) and impede world order (through lack
of enforcement mechanisms, pursuing the interests of own nation
state at expense of others, etc).
Discuss the role of the Security Council in maintaining
international peace and security in accordance with the principles
and purposes of the United Nations. Visit www.un.org/Docs/sc/.
Use the webcasts and latest news from the site to demonstrate the
role of the Security Council and the limitations placed on it by
sovereignty.
Activity: Role-play a mock Security Council session. Students
investigate which states are currently on the Security Council,
and divide into small groups to represent each country. Each
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 issues of compliance and
non-compliance
 the role of the law in
encouraging cooperation
and resolving conflict in
respect to world order
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
group should do a quick research overview of their country,
including geographical location, likely alliances, economic status,
and any current issues that could impact on their decisionmaking. Teacher provides some current issues for the mock
Security Council to debate.
– international
instruments
Identify international instruments that work towards world order
and discuss their effectiveness, making reference to sovereignty
and political will and the need for law reform.
– courts and tribunals
Examine the role of courts and tribunals such as the International
Criminal Court and ad hoc tribunals. Discuss their effectiveness
in achieving justice. Include reference to: their reactive role in
responding to world order issues, sovereignty, cost efficiency,
enforceability and reflection of international values and ethics.
Resources: www.un.org
www.icc-cpi.int
www.icty.org/
www.ictr.org/
www.globalpolicy.org
Visit the site www.un.org/en/ for the recent activities of the
United Nations in peacekeeping, peace-building, courts and
tribunals researching recent activities.
Discuss the role of political will and economic interests in
resolving conflict.
 the role of law reform in
promoting and maintaining
world order
 the impact of changing
values and ethical
standards on world order
– intergovernmental
organisations
– non-government
organisations
Examine a range of examples of world order issues, and in table
form indicate the international or regional response. Propose
reasons for the response chosen. If no response, suggest reasons
why.
Examine a range of non-government organisations, including
International Red Cross and Red Crescent. Discuss their role in
 the role of the law in
encouraging cooperation
and resolving conflict in
regard to world order
119
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
assisting world order.
Resources: www.ifrc.org
www.crisisgroup.org
www.globalpolicy.org
Create a webquest that will assist students in investigating the
roles of intergovernmental and non-government organisations in
resolving and preventing conflicts. Discuss their effectiveness
and the role of sovereignty in this effectiveness.
– Australia’s federal
government
– the media
 political negotiation,
persuasion and the use
of force
 explain the role of
Australia’s federal
government in
responding to
world order
Explain the role of Article 51 of the Charter of the United
Nations in Australian responses to world order issues. Use media
reports to highlight the variety of Australian responses to world
order issues.
Visit www.dfat.gov.au and www.defence.gov.au/ to investigate
the government stance on issues. Link discussion to political will,
sovereignty, geographic location, alliances and economic
interests.
Discuss the role of the media in addressing world order issues.
Consider the extent to which the media assists or hinders the
resolution of world order issues (students may consider the role
of the media in highlighting issues and swaying public opinion).
 the effectiveness of legal
and non-legal responses in
achieving world order
Investigate means of resolving conflict: political negotiation and
other types of negotiation and the use of force.
 issues of compliance and
non-compliance
Discuss situations where these strategies have been used and the
degree of effectiveness. Discuss why the use of force is usually a
last resort.
Written response: Mind map the various responses to world
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 the impact of changing
values and ethical standards
Legal Studies Stage 6 – Support Material
Students learn about:
Students learn to:
Suggested teaching and learning strategies
Themes and challenges
order by the use of brainstorming. Each response should cite
media reports, international instruments, cases, documents and/or
legislation with a judgement about effectiveness backed up by
evidence.
Scaffold an extended response to: ‘Evaluate the effectiveness of
legal and non-legal measures in resolving conflict and working
towards world order.’
3. Contemporary
issues concerning
world order
Issues that must be
studied:
 the principle of
‘responsibility to
protect’
 evaluate the
effectiveness of
legal and non-legal
measures in
resolving conflict
and working
towards world
order
Define the principle of responsibility to protect. Discuss
implications. Identify examples of where international law has
failed to protect and suggest reasons for this failure. Discuss the
role of the media and non-government organisations in pressuring
nation states to meet their obligations under the responsibility to
protect principle.
Resources: www.un.org
www.responsibilitytoprotect.org
 regional and global
situations that threaten
peace and security
 identify and
investigate these
contemporary
issues involving
world order and
evaluate the
effectiveness of
legal and non-legal
responses to these
issues
Investigate regional and global situations that threaten peace and
security. On a world map, highlight these situations. Examine the
roles of legal and non-legal organisations such as the
International Crisis Group in resolving these situations.
Resources: Amnesty International
International Crisis Group
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 the effectiveness of legal
and non-legal responses in
promoting and maintaining
world order
Legal Studies Stage 6 – Support Material
Students learn about:
 the success of global
cooperation in
achieving world order
 rules regarding the
conduct of hostilities
Students learn to:
Suggested teaching and learning strategies
Assess the success of global cooperation by looking at case
studies where it has been successful and unsuccessful. Discuss
the reasons for this. For each case study, outline the strategies
used.
Resources: media file
www.un.org
Investigate the rules regarding the conduct of hostilities and
international humanitarian law. Examine the role of nongovernment organisations such as the Red Cross.
Discuss examples where these rules have not been followed and
degree of enforceability.
Resources: www.genevaconventions.org
These issues can be studied at the end or integrated
throughout the unit especially with reference to the United
Nations. Revisit the written extended response exercise and
assess the role of these issues in achieving world order.
Student revision exercise: Go through the ‘learn to’ statements
and plan responses using media reports/legislation/international
instruments/cases and/or documents to support your plan.
122
Themes and challenges
 issues of compliance and
non-compliance
Legal Studies Stage 6 – Support Material
6
Sample HSC course assessment tasks
Sample task 1: Human rights
Nature of task: ICT submission on a contemporary human rights issue.
Weighting: 25%
Marks: 25
Outcomes to be assessed
H3: analyses the operation of domestic and international legal systems
H4: evaluates the effectiveness of the legal system in addressing issues
H7: evaluates the effectiveness of the law in achieving justice
H8: locates, selects, organises, synthesises and analyses legal information from a
variety of sources including legislation, cases, media, international instruments
and documents
H9: communicates legal information using well-structured and logical arguments
Task description
You have chosen to make a submission on a contemporary human rights issue to the
Working Party for Human Rights about the protection of human rights on a domestic
or international level.
In your submission, in the format of a 5–10 minute PowerPoint presentation,
you must:
 identify the domestic and/or international contemporary human rights issue you
have chosen (check the syllabus for suggestions)
 outline the legal and non-legal domestic and/or international responses to the
issue
 evaluate the effectiveness of these responses to the issue
 integrate into the presentation FIVE media sources concerning the issue
remembering to source and date each one, commenting on the responses of the
media to the issue
 present your submission using appropriate headings, sub-headings, diagrams and
tables, photographs, clips, music and/or any other relevant information reflecting a
variety of sources.
Procedure
1. Students will be given ONE lesson in class to research the issue using the research
investigation process proforma. Your research should reflect a variety of sources
including the media articles selected.
2. On the date specified by your teacher you will be required to present a PowerPoint
presentation that should be both creative and informative addressing all elements
of the task.
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Legal Studies Stage 6 – Support Material
Task rubric
You will be assessed on your ability to:
 identify a contemporary human rights issue
 outline the legal and non-legal domestic and/or international responses to the issue
 evaluate the effectiveness of these responses to the issue
 integrate into the presentation FIVE media sources concerning the issue
remembering to source and date each one
 comment on the responses of the media to the issue
 present your submission using appropriate headings, sub-headings, diagrams and
tables, photographs, clips, music and/or any other relevant information reflecting a
variety of sources
 create an interesting, informative PowerPoint presentation
 communicate legal information using well-structured and logical arguments.
Follow-on task
After all submissions have been presented a discussion will occur about the
effectiveness of legal and non-legal mechanisms in addressing human rights issues.
Following this discussion, students will be advised by their teacher of a specific date
when students will write a response in 45 minutes to the topic:
‘Using a contemporary human rights issue, evaluate the effectiveness of legal and
non-legal measures in achieving justice’.
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Legal Studies Stage 6 – Support Material
Proposed marking guidelines
Criteria
Marks
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21–25
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clearly identifies a contemporary human rights issue
clearly outlines the legal and non-legal domestic and/or international
responses to the issue
makes a reasoned judgement, using criteria, as to the effectiveness of
these responses to the issue
presents a well-formatted informative PowerPoint presentation
integrates five relevant media sources concerning this issue, sourcing
and dating each one, and comments on the responses of the media to
this issue
clearly communicates information in a well-structured and logical
response
identifies a contemporary human rights issue
outlines the legal and non-legal domestic and/or international responses
to the issue
makes a judgement, using criteria, as to the effectiveness of these
responses to the issue
presents a formatted PowerPoint presentation
integrates relevant media sources concerning this issue, sourcing and
dating each source and attempts to comment on the responses of media
to this issue
communicates in a structured, logical response
identifies a contemporary human rights issue
outlines some of the legal and non-legal domestic and/or international
responses to the issue
includes some discussion as to the effectiveness of these responses to
the issue
presents a structured PowerPoint presentation
includes some media source(s) concerning the issue
communicates in a structured response
identifies a contemporary human rights issue and/or outlines some legal
and non-legal domestic and/or international responses to the issue
makes a PowerPoint presentation
may include media concerning this issue
 identifies a human rights issue
 makes limited use of legal information and/or ideas
 may make limited reference to source or media
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16–20
11–15
6–10
1–5
Legal Studies Stage 6 – Support Material
Sample task 2: Crime
Nature of task: Research task on a contemporary criminal case
Weighting: 25%
Marks: 40
Outcomes to be assessed
H1. identifies and applies legal concepts and terminology
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a
variety of sources including legislation, cases, media, international instruments
and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and
issues
Task description
Research an indictable criminal offence that has been prosecuted in the past 10 years
in the NSW criminal justice system where the defendant has been found guilty. In
your report on your research into the offence you must:
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identify the correct legal citation of the case
outline the elements of the offence
describe the factors that might have led to the criminal behaviour
outline the reporting and investigation of the crime
explain the role of the courts
outline the role of legal representation
identify the plea
discuss the factors that affect the sentencing decision
explain the penalty given
analyse the extent to which the law balances the rights of victims and offenders
provide a referenced bibliography.
Procedure
1. Students will be given FOUR lessons to research the offence using the research
investigation process proforma. Every lesson the student must demonstrate to
their teacher their progress and that the research meets the criteria for ‘All My
Own Work’.
2. At a date decided by the teacher, the students submit their work in a report of no
longer than 1500 words. A bibliography demonstrating a variety of sources must
be included.
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Legal Studies Stage 6 – Support Material
Task rubric
You will be assessed on your ability to:
 research an indictable criminal offence that has been prosecuted in the last 10
years in the NSW criminal justice system where the defendant has been found
guilty
 clearly report on every aspect of the case as specified in the task description
 present the research in a well-structured and logical report with appropriate
heading and sub-headings
 integrate relevant legal concepts and terminology
 locate, select, organise, synthesise and analyse legal information from a variety of
sources, and provide a referenced bibliography.
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Legal Studies Stage 6 – Support Material
Proposed marking guidelines
Criteria
Marks
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clearly answers every aspect of the task description
presents the research in a well-structured and logical report with
appropriate heading and sub-headings
clearly integrates relevant legal concepts and terminology
locates, selects, organises, synthesises and analyses legal information
from a variety of sources with a referenced bibliography
30–40
20–30
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answer most aspects of the task description
presents the research in a structured report with appropriate heading and
sub-headings
integrates relevant legal concepts and terminology
locates, selects and organises legal information from a variety of
sources including legislation, cases, media, international instruments
and/or documents, with a referenced bibliography
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attempts to answer some aspects of the task description
presents the research in a report
integrates some legal concepts and terminology
locates and selects legal information
10–20
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may answer some parts of the task description
locates legal information
0–10
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__________________________________________________________________
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Teacher’s signature: _________________________________ Date: ____________
Student self-reflection:
What did I do well? ____________________________________________________
Where can I improve? __________________________________________________
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